Sankar Behera vs State Of Odisha & Ors. .... Opposite ...
2023 Latest Caselaw 15941 Ori

Orissa High Court

Sankar Behera vs State Of Odisha & Ors. .... Opposite ... on 12 December, 2023

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No. 23524 of 2023

         Sankar Behera                          ....               Petitioner
                                                           Mr. M.K. Rath, Advocate

                                              -versus-

         State of Odisha & Ors.                 ....              Opposite Parties
                                                           Mr. M.K. Balabantaray, AGA

                                  CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                         ORDER

12.12.2023 Order No

03. I.A. No. 19255 of 2023

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. M.K. Rath, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. This I.A. has been filed seeking correction of the cause title

4. Considering the grounds taken, the order dtd.24.11.2023 is hereby recalled.

5. I.A. is disposed of.

(Biraja Prasanna Satapathy) Judge

P.T.O. // 2 //

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. At the outset, Mr. Rath, learned counsel for the Petitioner is permitted to correct the description of Opp. Party No. 2 correctly in Court today.

3. Heard Mr. M.K. Rath, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Govt. Advocate appearing for the Opp. Parties.

4. The Petitioner has filed the present writ petition challenging the rejection of his claim to get the benefit of subsistence allowance vide order dtd.12.05.2023 passed by the Sub-Collector-cum- President, Governing Body of Baisimouza Higher Secondary Schoool, Purana, Jagatsinghpur - Opp. Party No. 3.

5. It is contended that the prayer to get the subsistence allowance was rejected on the ground that the Petitioner is a block grant employee and he is not covered under the 1974 Rules.

5.1. Mr. Rath, however contended that in the meantime this Court vide its Judgment dtd.19.10.2023 so passed in W.P.(C) No. 34453 of 2021 has already held that block grant employees are also covered under 1974 rules.

6. In view of such Judgment passed by this Court, this Court is inclined to quash the order dtd.12.05.2023 so passed by the Sub- Collector-Cum-President, Governing Body under Annexure-6. While quashing the same, this Court directs the Sub-Collector to

// 3 //

move the Director-Opp. Party No. 2 for release of the subsistence allowance as due and admissible within a period of two (2) weeks from today. It is further directed that on receipt of the proposal from the Sub-Collector-Opp. Party No. 3, Opp. Party No. 2 shall take effective step for release of the same within a further period of four (4) weeks.

7. The writ petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha

Location: High Court of Orissa, Cuttack