Orissa High Court
Prasanta Kumar Mishra vs State Of Odisha And Others on 20 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 1002 of 2022
Prasanta Kumar Mishra ..... Petitioner
Ms. S. Samal, Advocate
Vs.
State of Odisha and others ..... Opposite parties
Standing Counsel S&ME
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
20.01.2022
Order No. This matter is taken up by video conferencing mode.
01 2. The Petitioner, who is teaching staff of Aided School has
filed the present writ petition seeking direction to the Opposite
Parties to grant the benefit under Orissa Education (Leave of
Teachers and other Members of the Staff of Aided Educational
Institutions) Rules, 1977, the Orissa Aided Educational
Institutions Employees' Retirement Benefit Rules, 1981 and the
Orissa Aided Education Institutions' Employees General
Provident Fund Rules, 1983 with application of the Orissa
Education (Retirement and Conditions of Services of Teachers
and Members of the staff of Aided Educational Institutions)
Rules, 1974 and Aided Education Common Cadre, 1979. The
Petitioner claim that his case is similar to Aided Employees of
High Schools which have received Grant-in-Aid (Full Grant)
1994 Grant-in-Aid Order and further pray for consideration of his
case in terms of the judgment pronounced by this Court in the
case of Ritanjali Giri @ Paul vrs. State of Odisha (School &
M.E. Deptt.) & Ors : 2016(I) ILR 1162 and in the case of
Bindusagar Samantray vrs. State of Odisha & Others (W.P.(C)
No.27634 of 2020 disposed of on 13.09.2021).
3. Learned counsel for the petitioner placed reliance on
another judgment of this Court in the case of Prasanta Kumar
Mohapatra & others (W.P.(C) No.23312 of 2020 disposed of on
28.09.2021) and in the case of Sarangadhar Sahoo and others v.
State of Odisha (W.P.(C) No.29342 of 2021 ).
4. Without going into merits of the case at this stage, this
Court remits the matter back to the Opposite Party Nos.1 & 2 to
consider the case of the petitioner in the light of judgments
referred to hereinabove.
5. It is needless to mention here that if the petitioner is
covered under the aforesaid judgments and is entitled to any
benefit under such Rules, the same be promptly calculated and be
paid to the petitioner within a stipulated time.
6. Let a certified copy of this order be produced before the
Opposite Party Nos. 1 & 2 within a period of two weeks hence
and the Opposite Party Nos.1 & 2 shall do well to take a decision
in the matter within a period of three months thereafter and the
decision so taken be communicated to the Petitioner within a
period of two weeks from the date of such decision. It is made
clear that the Court has not expressed any opinion on the merits of
the case.
7. With the aforesaid observations, the writ petition is
disposed of.
As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties may
utilize a print out of the order available in the High Court's
website, at par with certified copy, subject to attestation by the
concerned advocate, in the manner prescribed, vide Court's
Notice No.4587 dated 25th March, 2020, as modified by Court's
notice no. 4798 dated 15th April, 2021, and Court's Office Order
circulated vide Memo Nos.514 and 515 dated 7th January, 2022.
Arun (Dr. B.R. Sarangi)
Judge
