Orissa High Court
Trinath Gouda & Others vs State Of Odisha & Others ..... Opposite ... on 24 June, 2024
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P (C ) No.14748 of 2024
Trinath Gouda & Others ..... Petitioners
Ms. P.P. Rao, Adv.
-versus-
State of Odisha & Others ..... Opposite Parties
Mr. S. Rath, ASC
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
24.06.2024
Order No.1
1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the
parties.
3. Petitioners have filed the present Writ Petition
inter alia with the following prayer:-
" Under the above circumstances, it is
therefore humbly prayed that this Hon'ble Court
may graciously be pleased to issue a writ in the
nature of Mandamus or any other appropriate writ,
direction or order by quashing order no.8152
dated 10.04.2024 passed by the opp. party no.1
under Annexure-7 to the writ application.
And this Hon'ble Court be pleased to
direct the opp. parties to treat the petitioners at par
with the employees of other aided educational
institution who were extended with grant in aid in
accordance with grant 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 a earned Leave as prescribed under rule-
9 of 1977 Rules, Extra Ordinary Leave as
prescribed under Rule-12 of 1977 Rules as well as
Study leave 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 given to 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, in case of Prasant
Kumar Mohapatra Versus State of Orissa and
Others".
4. It is contended that claim of the Petitioners as
made in the writ petition filed by the Petitioners in
W.P.(C) No.2258 of 2024, was considered and
disposed of vide the impugned order dtd.10.04.2024
under Annexure-7. This Court in the earlier writ
petition had directed Opposite Party No.1 to take a
decision on the claim of the Petitioners in the light
of the judgment passed in the case of Prasanta
Kumar Mohapatra vs. State of Orissa & Others.
4.1. It is further contended that even though
similar claim made by Prasanta Kumar
Mohapatra was rejected by the Government, but
the same was withdrawn vide order dtd.30.04.2024
so available at Annexure-9.
4.2. It is accordingly contended that since the order
passed in the case of Prasanta Kumar Mohapatra
has been withdrawn vide order dtd.30.04.2024 so
available at Annexure-9, the matter be remitted to
Opposite Party No.1 to take a decision in the light of
the decision rendered in the case of Prasanta
Kumar Mohapatra.
5. Mr. S. Jena, learned Addl. Government
Advocate for the State does not dispute the
contention raised by the learned counsel appearing
for the Petitioners.
6. Considering the submissions made, this Court
while disposing the Writ Petition is inclined to quash
the order dtd.10.04.2024 so passed by Opposite
Party No.1 under Annexure-8. While quashing the
same, this Court remits the matter to Opposite
Party No.1 to take a fresh decision in terms of the
order passed by this Court on 05.02.2024 in W.P.(C)
No.2258 of 2024. Such a fresh order be passed
within a period of two (2) months from the date of
receipt of this order. Petitioners are directed to
provide a copy of this order before Opposite Party
No.1 for compliance.
7. Accordingly, the Writ Petition stands disposed
of.
( BIRAJA PRASANNA SATAPATHY)
Judge
sangita
Reason: authentication of order
Location: high court of orissa, cuttack
Date: 24-Jun-2024 18:50:47
