Bhaskar Sahu vs State Of Odisha And Others
2022 Latest Caselaw 5 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK


                                W.P.(C) No.38659 of 2021


                 Bhaskar Sahu                             ....           Petitioner

                                                         Mr. K.K. Swain, Advocate

                                              -versus-
                 State of Odisha and others               ....         Opp. Parties

                                                                Mr. B. Mohanty,
                                                    Standing Counsel for S & ME

                                        CORAM:
                            JUSTICE A.K. MOHAPATRA
                                           ORDER

Order No.                                 03.01.2022

    01.     1.      This matter is taken up through Hybrid Arrangement (Video
            Conferencing/Physical Mode).

2. The Petitioner, who a teaching staff of Aided School has filed the present writ petition seeking for a direction to the Opposite Parties to allow the Petitioner to avail the leave benefits under Orissa Education (Leave of Teachers and other Members of the Staff of Aided Educational Institutions) Rules, 1977, retiral and pensionary benefit under the Orissa Aided Educational Institutions Employees' Retirement Benefit Rules, 1981 and G.P.F. benefit under the Orissa Aided Educational Institutions Employees' General Provident Funds Rules, 1983. The Petitioner claims that his case is similar to Aided Employees of High Schools which have received Grant-in-Aid (Full // 2 //

Grant) 1994 Grant-in-Aid Order and further prays 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 ( 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 him 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.

7. It is made clear that the Court has not expressed any opinion // 3 //

on the merits of the case.

8. With the aforesaid observations, the writ petition is disposed of.

9. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu