Orissa High Court
Minati Ratha vs State Of Odisha & Others ..... Opposite ... on 20 January, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C ) No.30366 of 2024
Minati Ratha ..... Petitioners
Mr. S. Jena, Adv.
-versus-
State of Odisha & Others ..... Opposite Parties
Mr. P.K. Panda, ASC
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
20.01.2025
1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the parties.
3. The present Writ Petition has been filed inter alia with the following
prayer:
It is therefore, most humbly prayed that this Hon'ble
Court be graciously pleased to:-
i) Admit the writ application.
ii) Call for the record.
iii) Issue a writ in the nature of certiorari or any other
appropriate writ/writs, order/orders, direction/directions
by quashing the impugned order No.8499 dated
22.07.2024 issued by the Opp. Party No.2 under
Annexure-I8 and declare the same illegal, arbitrary,
contrary to the law governing the field, and further to
issue a writ in the nature of mandamus or any other
writ/writs direction/directions directing the State-
Opposite parties to disburse the revised salary in favour
of the Petitioner as has been done in respect of other
teaching staff of the College so also to release the
subsistence allowance in favour of the Petitioner during
the period of suspension from 18.01,2021 to 11.10.2021
in terms of the provision provided under the Odisha
Education (Recruitment and Conditions of Service of
Teachers and Members of the staffs of Aided
Educational Institutions) Rules, 1974, keeping in view
the common judgment dt.19.10.2023 passed by this
Hon'ble Court m the case of Baijayanti Nayak and batch
under Annexure-13 along with all other consequential
benefits as well as differential arrear as due and
admissible be extended in favour of the petitioner within
a stipulated time, iv) And further direction may be issued
to the State-Opp.Parties to reinstate the petitioner in her
former post of Principal-in-charge of the institution by
restoring the office order dt.25.07.2011 issued by the
0pp. Party No.4 under Annexure-4, in view of the
acquittal judgment dt.08.11.2024 passed by the learned
Special Judge (Vigilance) Bolangir in C.T.R No.07 of
2022 under Annexure-20 as well as the final order
dt.01.11.2023 passed by this Hon'ble court in W.P.(C)
No. 25592 of 2022 under Annexure-14, keeping in view
the law decided in the case of Ram Lai Vrs, State of
Rajasthan & Ors. (Civil Appeal No.7935 of2023
disposed of on 04.12.2023), and the petitioner may be
extended with all other consequential service as well as
financial benefits as due and admissible within a
reasonable time to be stipulated by this Hon'ble Court.
4. Since on the face of the order passed by this Court on 06.12.2024, no
instruction is being provided and prayer was made to allow further time,
this Court considering the nature of order passed under Annexure-18 is
inclined to dispose of the Writ Petition by directing Opp. Party No.3 to
take a lawful decision on the claim of the Petitioner in the light of the order
dt.17.05.2024 passed in W.P.(C ) No.8653 of 2024 within a period of six
(6) weeks from the date of receipt of order
5. The Writ Petition accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Signed by: SANGITA PATRA Judge
Reason: authentication of sangita
order
Location: high court of orissa, cuttack
Date: 27-Jan-2025 16:59:05
