Citation : 2025 Latest Caselaw 9966 Ori
Judgement Date : 13 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.31724 of 2025
Shri Ranjan Kumar Mund .... Petitioner
Dr. P. Chuli, Advocate
-Versus-
State of Odisha & Another .... Opposite Parties
Mr. J.K. Khandayatray, ASC
CORAM:
JUSTICE DIXIT KRISHNA SHRIPAD
ORDER
Order No. 13.11.2025
01.
Petition prayer reads as under:
"iii. Issue writ of mandamus or any other appropriate writ(s)/direction(s) /order(s) directing the opp. parties to treat the petitioner at par with the employees of other aided educational institutions, who have been extended with grant-in-aid in accordance with grant-in-aid order 1994 and accordingly, extend all benefits as applicable to the aided educational institutions within the meaning of Section 3(b) of the Orissa Education Act, such as Leave benefits as prescribed under the provisions of the Orissa Education (Leave of Teachers and other Members of the Staff of Aided Educational Institutions) Rules, 1977, retiral and pensionary benefits under the provisions of the Orissa Aided Educational Institutions Employees' Retirement Benefit Rules, 1981 and the GPF benefit under the provisions of the Orissa Aided Educational Institutions Employees' GPF Rules, 1983 in terms of Ritanjali Giri @ Paul v. State of Orissa, 2016 (1) ILR-Cuttack- 1162 and the judgment dated 11.08.2021 passed by this Hon'ble Court in W.P.(C) No.29322 of 2020 (Jagadish Singh Babu Versus State of Odisha & Another);"
It is structured bit long but makes sense.
2. Learned counsel-Ms. Priti Punyatoya appearing for the Petitioner draws attention of the Court to the representation dated 06.09.2025, a copy whereof avails at Annexure-3. The prayer column of the representation reads as under:
" I, Therefore, pray you to be graciously kind enough to treat me at par with the employees of the aided educational institutions who have been extended with grant-in-aid in accordance with grant-in- aid order 1994 and accordingly extend all benefits as applicable to the aided educational institutions within the meaning of Section 3(b) of the Orissa Education of Teachers and other Members of the Staff of Aided Educational Institutions) Rules,1977, promotion, retiral and pensionary benefits under the provisions of the Orissa Aided Educational Institutions Employees' Retirement Benefit Rules, 1981 and GPF under the provisions of the Orissa Aided Educational Institutions Employees GPF Rules, 1983 in terms of Ritanjali Giri @ Paul v. State of Orissa, 2016 (I) ILR-Cuttack- 1162 and the judgment dated 11.08.2021 passed by this Hon'ble Court in W.P.(C) No.29322 of 2020 (Jagadish Singh Babu Versus State of Odisha & Another for which I shall remain ever obliged to you."
Learned counsel also submits that where a representation of the kind is made, the authorities cannot keep it in cold storage, in view of the mandate enacted in Article 350 of the Constitution of India, as has been extensively construed by various High Courts in the Country. There is force in this submission.
3. Learned ASC-Mr. Khandayatray appearing for the OPs very vehemently submits that he would ensure that the subject representation meet its fate within a period of six weeks at the hands of OP No.2, if Petitioner also cooperate by furnishing the requisite information all by documents. This is appreciable.
In the above circumstances, writ petition is disposed off. Time for consideration of the subject representation and informing result of such consideration to the Petitioner in writing is four weeks. All contentions of the parties are kept open. The consideration shall take place in the light of a Coordinate Bench decision in W.P.(C) No.29322 of 2020 between Jagadish Singh Babu v. State of Odisha.
It is open to the answering OP No.2 to solicit any information or documents from the side of the Petitioner, as required for taking a decision on the subject representation. However, in that guise delay shall not be brooked.
Now, no costs.
Web copy of this order to be acted upon by all concerned.
( Dixit Krishna Shripad ) Judge
Madhusmita
Location: HIGH COURT OF ORISSA, CUTTACK
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