Orissa High Court
Baidyanath Das And Others vs State Of Odisha And Others on 3 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38650 of 2021
Baidyanath Das and others .... Petitioners
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 Petitioners, who are teaching and non-teaching staff of
Aided School have filed the present writ petition seeking for a
direction to the Opposite Parties to allow the Petitioners 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 Petitioners claim that
their cases are similar to Aided Employees of High Schools which
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have received Grant-in-Aid (Full Grant) 1994 Grant-in-Aid Order
and further pray for consideration of their 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 Petitioners 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 Petitioners in the light of judgments referred to
hereinabove.
5. It is needless to mention here that if the Petitioners are covered
under the aforesaid judgments and are entitled to any benefit under
such Rules, the same be promptly calculated and be paid to them
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 Petitioners within a period of two
weeks from the date of such decision.
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7. It is made clear that the Court has not expressed any opinion
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
