Damodar Das vs State Of Odisha And
2023 Latest Caselaw 10103 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.26865 of 2023

        Damodar Das                         ....                    Petitioner
                                                  Mr. P.N. Mohanty, Advocate

                                         -versus-
        State of Odisha and
        Others                              ....              Opposite Parties
                                                               State Counsel

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

25.08.2023 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 above circumstances, it is humbly prayed that the writ petition may be allowed.

(a) a writ of mandamus or an appropriate writ may be issued quashing the impugned order dated 17.09.2021 passed by the District Education Officer, Jagatsinghpur under Annexure-3 and necessary direction may be made to the opposite parties to extend the benefits of Odisha Education (Leave of Teachers and other members of the staff of Aided Educational Institutions) Rules, 1977, pensionary benefits under the Odisha Aided Educational Institutions Employees Retirement Benefit Rules, 1981 and G.P.F. benefits under the Odisha Aided Educational Institutions Employees General Provident Funds Rules, 1983 by allowing // 2 //

the petitioners to subscribe for GPF under the said Rules, 1983 keeping in view the ration of the judgment laid down in Ritanjali Giri @ Paul (Supra) & Prasanta Kumar Mohapatra and Others vrs. State of Odisha and Others (W.P.(C) No.23312 of 2020 disposed of on 28.09.2021) to the petitioners within a time to be stipulated by this Hon'ble Court.=

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 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

Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 25-Aug-2023 18:31:48