Sanjukta Behera vs State Of Odisha And Ors
2022 Latest Caselaw 1885 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No.1551 of 2022
                 Sanjukta Behera                         ....           Petitioner
                                                        Mr. Gopinath Sethi, Adv.
                                             -versus-
                State of Odisha and Ors.                 ....    Opposite Parties
                                                       Mr. Biswajit Mohanty, SC
                                               (for S & ME Deptt./ O.Ps.1,2 & 4)
                                                     Ms. Suman Pattanayak, AGA
                                                                     (for O.P. 2)
                               CORAM:
                               MR. JUSTICE S.K. PANIGRAHI
                                           ORDER

Order No. 17.03.2022

02. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. The petitioner has filed this writ petition seeking direction to the opposite party No.4-District Education Officer, Deogarh to consider her grievance regarding appointment under the Rehabilitation Assistance Scheme (Block Grant) following the judgment passed by this Court in the case of Ritanjali Giri Alias Paul vrs. State of Odisha and others 1.

4. Learned counsel for the petitioner submits that the petitioner application for appointment under the Rehabilitation Assistance Scheme was rejected vide Office Order No.740 dated 24.02.2021 on the ground that the husband of the petitioner was not receiving full grant-in-aid. Rather, her husband was providing consolidated amount in the form of block-grant. The Odisha Aided Educational Institutions' Retirement Benefit Rules, 1981 (hereinafter referred to as "the Rules" for brevity)

216 (I) ILR 1162

// 2 //

is not applicable to the retired employees of aided educational institutions in receipt of block grant. As per the proviso to Rule-3 of the Rules, the Government may by general or special or may be issued in that behalf, specify other educational institutions or category of institutions and staff working therein to whom the Rules shall apply. Further, the financial benefits of the employees covered under Grant-In-Aid Order, 1994 is not extended to the employees of the block grant schools. In view of the reasons stated above, the said application of the petitioner was rejected. Challenging the said rejection order, the petitioner has filed this writ petition.

5. Since the opposite parties have already given appointment to similarly placed employees, but the same benefit is not extended to the present petitioner, notice needs to be issued to the opposite parties.

6. Hence, issue notice to the opposite parties.

7. Mr. Biswajit Mohanty, learned Standing Counsel for the Department of School and Mass Education waives of notice on behalf of opposite party Nos.1, 2 and 4 and Ms. Suman Pattanayak, learned Additional Standing Counsel for the State waives of notice on behalf of opposite party No.3. Required number of copies of the brief be served on them within three working days hence, who shall obtain instructions.

8. List this matter on 30th March, 2022.

( S.K. Panigrahi) Judge BJ