Orissa High Court
Joshiyo Bhuyan 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.14595 of 2024
Joshiyo Bhuyan ..... Petitioner
Mr. M.R. Nayak,
Adv.
-versus-
State of Odisha & Others ..... Opposite Parties
Mr. M.K. Balabantaray, AGA
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. Petitioner has filed the present Writ Petition inter
alia with the following prayer:-
" Under the above circumstances, it is humbly prayed
that the writ application may be allowed;
a) A writ in the nature of certiorari may be
issued quashing the impugned order dated
08.04.2024 passed by the Opp. Party No.1-
Commissioner-cum- Secretary, School and
Mass Education Department under Annexure-
b) A writ of mandamus or an appropriate writ may be
issued commanding the opposite parties to extend the
benefits i.e. leave benefits under the Odisha Education
(Leave of Teachers and other Members of the Staff of
Aided Educational Institutions) Rules, 1977, pension
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
Fund Rules, 1983 to the petitioner keeping in view the
ratio decided by this Hon'ble Court in the case of
Prasanta Kumar Mohapatra and others Vs. State of
Odisha and others (W.P.(C) No.23312 of 2020
disposed of on 28.09.2021 along with batch of cases),
within a time to be stipulated by this Hon'ble Court.".
4. It is contended that claim of the Petitioner as made
in the writ petition filed by the Petitioners in W.P.(C)
No.687 of 2024 was considered and disposed of vide
the impugned order dtd.08.04.2024 under Annexure-
3. This Court in the earlier writ petition had directed
Opposite Party No.1 to take a decision on the claim of
the Petitioner 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withdrawn vide order dtd.30.04.2024 so available at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-7.
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has been withdrawn vide order dtd.30.04.2024 so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-7, 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. M.K. Balabantaray, 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.08.04.2024 so passed by Opposite Party
No.1 under Annexure-3. 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 16.01.2024 in W.P.(C) No.687 of 2024. Such
a fresh order be passed within a period of two (2)
months from the date of receipt of this order. Petitioner
is 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
Basudev
Reason: Authentication of order
Location: High Court of Orissa, Cuttack
Date: 25-Jun-2024 16:01:02
