Binod Kumar Maharana & Ors vs State Of Odisha & Ors
2023 Latest Caselaw 11478 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No. 24672 of 2023

         Binod Kumar Maharana & Ors.             ....                Petitioners
                                                             Mr. R.K. Sahu, Advocate

                                               -versus-

         State of Odisha & Ors.                  ....               Opposite Parties
                                                                 Mr. S.K. Samal, AGA

                              CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                         ORDER

21.09.2023 Order No

03. I.A. No. 14400 of 2023

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

2. Heard learned counsel appearing for the Parties.

3. This application has been filed seeking modification of the order dtd.07.08.2023.

4. Considering the grounds taken, the order dtd.07.08.2023 is hereby recalled by restoring the writ petition to its file.

5. I.A. is disposed of.

(Biraja Prasanna Satapathy) Judge

P.T.O.

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04. W.P.(C) No. 24672 of 2023

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

2. Heard learned counsel appearing for the Parties.

3. The Petitioners have filed the present Writ Petition inter alia with the following prayer:-

"The Petitioners therefore prayed that, this Hon'ble Court may graciously be pleased to admit the this case, issue notice to the Opp. Parties, call for the relevant records and after hearing the parties, to allow this writ petition to the extent that;

a) Issue a writ in the nature of mandamus or any other appropriate writ/writs order/orders direction directions by directing Opp. Parties to treat the petitioners service at par with the employees of other aided educational institution who were extended with grant- in-aid and accordingly to extend all benefits as applicable to the aided educational institution within the meaning of section 3(b) of the Odisha Education Act, such as the Leave benefits under Odisha Education (Leave of Teachers and other members of the staff of Aided Educational Institutions) Rules 1977, retrial and Pensionary benefit under Odisha Aided Educational Institutions Employees Retirement benefits Rules, 1981, GPF benefit under Odisha Aided Educational Institution Employees General Provident Funds, Rules 1983 and other service benefits within a reasonable time to be stipulated by this Hon'ble Court by taking into account the judgment pronounced by this Hon'ble Court in Ritanjali Giri @Paul - Vrs- State of Odisha reported in 2016(1) ILR CUT-1162;

b) And further may be pleased to pass any other order (s),direction (s) as this Hon'ble

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Court deem fit and proper for the ends of justice;

c) And for this act of kindness the applicants as in duty bound shall ever pray."

4. Learned counsel for the Petitioners submits that through highlighting their grievances, the Petitioners have filed a representation at Annexure-3 to the Writ Petition before the O.P. No. 3, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioners prays that a direction be issued to Opposite Party No. 3 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. 3 to take a decision on the above noted petition in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioners.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha

Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Sep-2023 10:56:29