Laxmidhar Gauda And vs State Of Odisha And .... Opposite ...
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Orissa High Court

Laxmidhar Gauda And vs State Of Odisha And .... Opposite ... on 6 August, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   WP(C) No.21255 of 2025


            Laxmidhar Gauda and            ....                                    Petitioners
            others
                                                                  Represented by Adv.-
                                                                 Ms. B. Sahoo, Advocate

                                                -versus-

            State of Odisha and            ....                             Opposite Parties
            others                                                 Represented by Adv.-
                                                                  Mr. U.C. Behura, AGA
            CORAM:
                          JUSTICE DIXIT KRISHNA SHRIPAD
                                                 ORDER

06.08.2025 Order No.

01. Eight employees have filed this common petition with the following prayer:

"Under the above circumstances, it is humbly prayed that the writ petition may be allowed;

And

a) a writ of mandamus or an appropriate writ may be issued commanding the opposite parties to allow the petitioners to avail the leave benefits under the Orissa Education (Leave of Teachers and other Members of the Staff of Aided Educational Institutions) Rules, 1977, retiral and pensionary benefits under the Orissa Aided Educational Institutions' Employees Retirement Benefit Rules, 1981 and G.P.F. benefit under the Orissa Aided Educational Employees' General Provident Funds Rules, 1983 in view of the Judgment passed by the Hon'ble Court in Ritanjali Giri @ Paul Vrs. State of Orissa and others, reported in 2016(1) ILR-CUT-1162 as they are employees of an aided educational institution;"

2. Learned counsel for the petitioners submits that in an identical matter, more or less, a Coordinate Bench of this Court in W.P.(C) No.23288 of 2023 between Ranjan Kumar Dalabehera v. State of Odisha

disposed of on 01.08.2023 has directed consideration of representation of the kind and therefore this Court also should follow the suit.

3. Learned AGA-Mr. Behura appearing for the opposite parties resists the petition contending that 8 persons have given collectively one representation which is not permissible inasmuch as a collective bargaining is confined to the realm of industrial jurisprudence and cannot be extended to service jurisprudence. There is some force.

4. Learned counsel appearing for the petitioners is agreeable with the proposal of this Court that her clients shall make individual representations to the respondent and should they be made, the jurisdictional authority shall consider the same within an outer limit of three (3) months keeping in view the decision in Ritanjali Giri @ Paul Vrs. State of Orissa, 2016(1) ILR-CUT-1162.

With the above observations the writ petition is disposed of.

( Dixit Krishna Shripad ) Judge

Prasant

Signed by: PRASANT KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: Orissa High Court Date: 07-Aug-2025 15:37:27