Orissa High Court
Shishir Kumar Parhi vs State Of Odisha & Ors. ..... Opposite ... on 22 November, 2024
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3513 of 2020
Shishir Kumar Parhi ..... Petitioner
Mr. S.K. Das, Advocate
-versus-
State of Odisha & Ors. ..... Opposite Parties
Mr. S.P. Das, ASC
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
22.11.2024
1. This matter is taken up through hybrid mode.
2. Heard Mr. S.K. Das, learned counsel appearing for the Petitioner
and Mr. S.P. Das, learned Addl. Standing Counsel appearing for
the Opp. Parties.
3. Petitioner has filed the present writ petition challenging order
dtd.18.01.2020 so passed by the Govt.-Opp. Party No. 1 under
Annexure-7. Vide the said order the order of approval passed
against the Petitioner on 03.08.2019 under Annexure-4 was
cancelled.
4. Learned counsel for the Petitioner contended that seeking
approval of his services and consequential release of Grant-in-aid,
Petitioner approached the State Education Tribunal by filing GIA
Case No. 49 of 2005. The said application was allowed by the
Tribunal vide Judgment dtd.20.01.2009 under Annexure-3. It is
contended that the order passed by the Tribunal was duly complied
with approval of the services of the Petitioner by the Govt.-Opp.
Party No. 1 vide order dtd.03.08.2019 under Annexure-4.
4.1. However, it is contended that relying on the decision of the
Hon'ble Apex court in the case of Anup Kumar Senapati Vs. State
of Odisha, the order of approval passed in favour of the Petitioner
while complying the order passed by the Tribunal on 03.08.2019
under Annexure-4 was cancelled vide the impugned order
dtd.18.01.2020 under Annexure-7.
4.2. It is contended that once the order passed by the Tribunal was
duly implemented with passing the order of approval on 03.08.2019
under Annexure-4, the same could not have been withdrawn relying
on the decision of the Hon'ble Apex Court in the case of Anup
Kumar Senapati.
4.3. It is also contended that challenging the Judgment passed by
the Tribunal in GIA Case No. 49 of 2005, the appeal preferred by
the State in FAO No. 504 of 2020 was also dismissed by this Court
vide its Judgment dtd.20.02.2024. It is accordingly contended that
the impugned order passed by the Govt. on 18.01.2020 is not
sustainable in the eye of law.
5. Mr. S.P. Das,, learned Addl. Standing Counsel on the other hand
contended that since Hon'ble Apex Court in the case of Anup
Kumar Senapati Vs. State of Odisha held that no claim under GIA
Order, 1994 is to be allowed after repealing of the said Order
w.e.f.05.02.2004, claim of the Petitioner since was wrongly allowed
by the Tribunal vide Judgment dtd.20.01.2009, which was
implemented with issuance of the order of approval on 03.08.2019
under Annexure-4 and consequential order passed on 31.10.2019
under Annexure-5, the same was rightly cancelled vide the
impugned order dtd.18.01.2020 under Annexure-7. It is accordingly
contended that no illegality or irregularity can be found with the
impugned order in view of the decision in the case of Anup Kumar
Senapati.
6. Having heard learned counsel appearing for the Parties and
considering the submissions made, this court finds that claim of the
Petitioner to get the benefit of Grant-in-aid under GIA Order, 1994
so made in GIA Case No. 49 of 2005 was allowed by the Tribunal
vide Judgment dtd.20.01.2009. As found, the order passed by the
Tribunal was complied by the Govt. vide order dtd.03.08.2019
under Annexure-4 and consequential order passed by the Director,
Higher Education on 31.10.2019 under Annexure-5.
6.1. It is also found that the challenge made to the Judgment
dtd.20.01.2009 in GIA Case No. 49 of 2005 by the State in FAO
No. 504 of 2020 has also been dismissed vide Judgment
dtd.20.03.2024.
6.2. In view of such position and the fact that the order passed by
the Tribunal was duly complied vide order dtd.03.08.2019 and
further order passed on 31.10.2019 under Annexure-4 & 5, the said
order could not have cancelled on the ground indicated in
Annexure-7. Therefore, this Court is inclined to quash order
dtd.18.01.2020 so passed by the State under Annexure-7 and quash
the same accordingly.
7. The writ petition accordingly stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Designation: Sr. Stenographer Judge
Reason: Authentication Sneha
Location: High Court of Orissa, Cuttack
Date: 25-Nov-2024 11:08:18
