M.C. Of Budhidebi vs State Of Odisha & Ors
2023 Latest Caselaw 1086 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P.(C) No. 1941 of 2023

            M.C. of Budhidebi                      ....                   Petitioner
            Uchabidyapitha, Kandhamal
                                                           Mr. K.K. Swain, Adv.
                                             -Versus -
            State of Odisha & Ors.                 ....               Opp. Party
                                              Mr. B. Mohanty, Standing Counsel
                                                              for S & ME Dept.

                       CORAM:
                         JUSTICE SASHIKANTA MISHRA

                                         ORDER_
                                         01.02.2023

Order No.   1.    This matter is taken up through hybrid mode.
   02.      2.    Heard learned counsel for the petitioner and learned Standing
    .

Counsel for School and Mass Education Department.

3. The petitioner in the present application basically seeks implementation of judgment passed by the State Education Tribunal on 11.10.2012 in GIA Case No. 579 of 2011. As per the said judgment, the Tribunal allowed the Grant in Aid application filed by the petitioner with a direction to opposite party Nos. 1 and 2 to release Grant in Aid to the teaching and non-teaching staff of the School @ 60% of the salary cost w.e.f. 01.06.1994 and full salary cost (100%) w.e.f. 01.06.1996 strictly in accordance with Grant in Aid Order, 1994 subject to fulfilment of criteria. The entire exercise including the payment of differential salary components was directed to be completed within a period of three months.

4. The State filed an appeal being FAO No. 577 of 2013 before this Court, which was dismissed on the ground of limitation. The State thereafter approached to Supreme Court of India in S.L.P(C) No. 3167 of 2018, but the same was also dismissed.

5. It is submitted that despite losing in all forums, the State is yet to comply with the order. As such, it is prayed that necessary direction may be issued for early implementation of the order.

6. This Court finds that the grievance of the petitioner can be appropriately redressed by the State Education Tribunal as provided under Section 24-A(6) of the Odisha Education Act. Since alternative remedy exists, the writ petition is disposed of granting liberty to the petitioner to approach the Tribunal by filing appropriate application under Section 24-A(6) of the Act within a period of two weeks from today. If such application is filed within the period stipulated, the Tribunal shall do well to consider and dispose of the same as expeditiously as possible, preferably within a period of four months thereafter having regard to the fact that original order was passed way back in the year 2012.

7. Issue urgent certified copy as per Rules.

(Sashikanta Mishra) Judge

A.K. Rana