Orissa High Court
Arakhita Harichandan vs State Of Odisha And on 10 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10365 of 2023
Arakhita Harichandan .... Petitioner
Mr. Aurobinda Sahoo, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
Mr. R.N. Mishra, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
10.04.2023
Order No.
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. The Petitioner has filed the present Writ Petition
with the following prayer: -
"Under the premises as stated above,
the humbly petitioner fervently prays that,
your lordships may graciously be pleased to
consider the facts of the case may further
pleased to admit the case, call for the
relevant records and issue notice to the opp.
parties and after being heard from the both
sides, to allow this Writ Petition, to the
extent that;
i) issue a writ in the nature of
Mandamus or any other appropriate
writ/direction by directing the state opp.
parties to treat the petitioner service at par
with the employees of other aided
educational institution who were extended
with grant-in-aid in accordance with grant-
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in-aid order 1994 and accordingly to extend
all benefits as applicable to the aided
educational institution within the meaning
of Section 3(b) of the Orissa Education Act,
such as Earned Leaves as prescribed under
Rule-9 of 1977 Rules, Extra Ordinary
Leaves as prescribed under Rule-9 of 1977
Rules, Extra Ordinary Leaves as prescribed
under Rule-12 of 1977 Rules as well as
Study Leaves as prescribed under Rule-13
of 1977 Rules and other benefits as
provides under 1977 Rules, Pension Rules
GPF Rules, though the same facilities and
benefits were to given the employees of
other institutions, which were notified under
Section 3(b) of the Orissa Education Act,
pursuant to the grant-in-aid order, 1994;
within a reasonable time to be stipulated by
this Hon'ble Court, by taking into account
the judgment law pronounced by this
Hon'ble Court in case of Ritanjali Giri @
Paul Vrs. State of Orissa, reported in
2016 (I) ILR CUT-1162 and subsequent
judgment in the case of Jagadish Singh
Babu Vrs. State of Odisha (W.P.(C)
No.29322 of 2020, disposed of on
11.08.2021).
4. Learned counsel for the Petitioner submits that
through highlighting his grievances, the petitioner has
filed a representation vide Annexure-4 to the Writ
Petition, but till date nothing has been done in the
matter. In such background, he prays that a direction
be issued to opposite party No.1 to take a decision on
the above noted petition within a specific time period.
5. Considering the submissions made and without
expressing any opinion on the merits of the case, this
Court directs opposite party No.1 to take a decision on
the above noted petition in accordance with law, within
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a period of three months from the date of production of
certified copy of this order and communicate the result
of such exercise to the petitioner.
6. The Writ Petition is disposed of accordingly.
(Biraja Prasanna Satapathy)
Judge
Basudev
