Orissa High Court
Managing Committee Of vs State Of Odisha & Others on 11 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.129 of 2019
From the judgment dated judgment dated 30.01.2019 passed
by the State Education Tribunal, Bhubaneswar in G.I.A. Case
No.47 of 2018.
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Managing Committee of .... Appellants
Herambanarayan High School,
Vikas Nagar, Dubalabeda &
Others
-versus-
State of Odisha & Others .... Respondents
Advocates Appeared in this case
For Appellants - Mr.J.K. Rath, Sr. Advocate
Mr.D.N. Rath
(Advocate)
For Respondents - Mr.U.C. Behera,
Additional Government Advocate
Mr.D.Mund
Advocate for R.4.
---
CORAM
MR. JUSTICE DIXIT KRISHNA SHRIPAD
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Date of Hearing & Judgment : 11.09.2025
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PER DIXIT KRISHNA SHRIPAD, J.
The appellants, being partially aggrieved by the State
Education Tribunal's judgment dated 30.01.2019 passed in G.I.A.
Case No.47 of 2018, has presented this appeal under Section 24-B of
the Odisha Education Act, 1969.
The operative portion of the Tribunal's judgment reads as under:-
"The G,1.A. application is allowed. The order under
Annexures-9 and 11 are set aside. The O.P.Nos.1,2 and 3 are
directed to modify the orders of approval of the teaching and
non-teaching staffs of the School under Annexure-6 series and
notionally fix the pay of the teaching and non-teaching staffs of
the School in terms of the Grant in Aid Order, 1994 from and
after 1.6.1999 taking into consideration the date of their
appointment and the date of admissibility of the respective posts
within four months from the date of communication of this
order. The O.P.Nos.1,2 and 3 are further directed to release the
arrear differential salary in favour of the employees of the
School w.e.f 1.1.2001 and 1.4.2005 as per the respective date of
approval of the respective teaching and non-teaching staffs of
the School within eight months from the date of communication
of this order."
2. Learned Senior Advocate appearing for the appellants
vehemently argues that the Tribunal grossly fell in error in fixing
01.06.1999 to be the effective date for the benefit of Grant-in-Aid
when it ought to have been 01.06.1994, wrongly applying the
decision of the Apex Court in State of Odisha v. Managing
Committee of Gadadhar Pradhan High School, Civil Appeal
No.2466 of 2017 & batch disposed off on 06.02.2017, inasmuch as
the said decision was confined to parties to the proceedings and
that it was made on some concession.
3. Learned AGA appearing for the official respondents
makes submission in justification of the impugned judgment
stressing more on the observation of the Tribunal, which refers to
the said Apex Court decision. He further contends that the
Tribunal, in its accumulated expertise, having recorded a finding
of fact, this Court may not readily interfere with the same.
4. Having heard the learned counsel for the parties and
having perused the appeal papers, this Court is inclined to grant
indulgence in the matter as under and for the following reasons:-
4.1. The school was established way back in the year 1988 in
educationally backward district and it had presented the first
batch of its students for examination in 1991 are not in dispute.
The Tribunal has specifically recorded a finding that twin
conditions for getting the Grant-in-Aid, namely, the school, being
in the backward district and presenting the first batch in 1991 are
satisfied . Against this, no appeal is filed by the respondents and
thus, the finding has attained finality.
4.2. Learned Senior Counsel for the appellant-school is
justified in drawing attention of the Court to the Resolution dated
23.09.1981 of the Government of Odisha in the Department of
Education & Youth Services whereby qualitative and quantitative
requirement, namely pupil strength & result percentage have
been given up superseding the earlier resolution of the said
Department dated 17.03.1979. Therefore, in terms of sub-Section-
3 of Section-11 of the Odisha Education Act, 1969, there is
complete compliance, inasmuch even according to the Tribunal,
the pupil strength although is stated to be below 25, is not said to
be below 20. The school in question was approved vide
notification dated 20.02.2004 for the purpose of Block Grant is
also not disputed.
4.3. The bone of contention in the case is the effective date,
namely, 01.06.1999 as the respondents asserting it and the
appellants counter-stating it to be 01.06.1994. Learned Senior
Counsel for the appellants is right in telling the Court that subject
decision in Managing Committee of Gadadhar Pradhan High
School Supra was structured on the basis of concession with
specific observation in that the decision is not applicable to other
pending cases, which have to be adjudged on their intrinsic
merits. This aspect of the observation, having been lost sight of
by the Tribunal, the wrong date is fixed to the detriment of the
appellants.
In the above circumstances, this appeal succeeds. The
impugned judgment dated 30.01.2019 passed by the State
Education Tribunal is modified re-fixing 01.06.1994 as the
effective date for all practical purposes instead of 01.06.1999.
Because of this alteration, the consequential benefits need to be
extended restoring 01.06.1994 as the effective date. Time for
compliance is eight (8) weeks, reckoned from this day.
Now, no cost.
Web copy of judgment to be acted upon by all
concerned.
(Dixit Krishna Shripad)
Judge
Orissa High Court, Cuttack
The 11th Day of September, 2025/Basu
Designation: ASST. REGISTRAR-CUM-SR. SECRETARY
Location: HIGH COURT OF ORISSA : CUTTACK
Date: 12-Sep-2025 11:43:45
