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Orissa High CourtWP(C)/1859/2022disposed off

Maheswar Mahapatra v. State Of Orissa

2022-01-31Dr. Justice B.R.Sarangi2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No. 1859 of 2022 Maheswar Mahapatra & Anr.

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Petitioners Mr. S.K. Rath, Advocate -Versus - State of Odisha and Ors.

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Opposite Parties .

State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

31.01.2022 Order No.

This matter is taken up through video conferencing mode. 2.

Heard learned counsel for the parties.

3.

The petitioner has filed this writ petition seeking direction to the opposite parties to extend all the benefits to the petitioner as per the Odisha Education (Leave of Teachers and other Members of the Staff of Aided Educational Institutions) Rules, 1977 and to extend GPF under the Orissa Aided Educational Institution General Provident Fund Rules, 1983 including the benefits as applicable to the employees of aided educational institutions within the meaning of Sec.3(b) of Orissa Education Act and Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 in the light of the principle decided in the case of Ritanjali Giri @ Paul v. State of Orissa, 2016 (I) ILR CUT 1162, as well as the judgment dated 28.09.2021 passed in WP(C) No. 19067 of 2021. 4.

In course of hearing, learned counsel for the petitioner

states that petitioner may be permitted to file a fresh representation before the authority concerned highlighting his grievance and direction may be given to the said authority to consider the same within a stipulated time, to which learned counsel for the State has no objection.

5.

As agreed to by the parties, this Court, without expressing any opinion on the merits of the case, disposes of the writ petition with the direction that in case the petitioner, with regard to the grievance made in this petition, files a fresh comprehensive representation before the authority concerned within 15 days hence, the said authority shall consider and dispose of the same by passing a reasoned and speaking order as expeditiously as possible, preferably within a period of two months from the date of receipt of such representation along with the certified copy of this order. 6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022. (Dr. B.R. Sarangi) Judge Ashok