WP(C)/23125/2015 of BIRABARA JENA Vs STATE OF ORISSA on 24 December 2015

W. P. (C) No. 23125 of 2015

24.12.2015

Heard Mr. S. Jena, learned counsel for the petitioner and Mr. B. Senapati, learned Additional Government Advocate for the State.

The petitioner, who is working as Lecturer in Music in Biju Pattnaik College of Science and Education, Bhubaneswar has filed this petition seeking for a direction to the opposite party Nos. 1 and 2 to approve his post and release grant in aid in his favour as per Grant in Aid, Order 1994.

Mr. S. Jena, learned Counsel for the petitioner submits that the grievance of the petitioner is squarely covered by the ratio of the decision of this Court in the case of Prafulla Kumar Sahoo Vrs. State of Orissa and others reported in 2003(I) OLR 91, which has been confirmed by the Apex Court in Civil Appeal No. 4389 of 2006 and Chitaranjan Mohapatra and others v. State of Orissa and others in W.P.(C) No. 2617 of 2005 decided on 12.01.2011.

Mr. B. Senapati, learned Additional Government Advocate submits that the relief sought for by the petitioner in view of the judgment passed in Prafulla Kumar Sahoo (supra) and Chitaranjan Mohapatra and others (supra) is not applicable to the present case.

In view of the above, without expressing any opinion with regard to merits of the case, this Court disposes of this writ petition with an observation that in case the petitioner files representation before opposite party No. 1 within a period of two weeks from today highlighting his grievance along with authenticated xerox copies of the decision of this Court in the case of Prafulla Kumar Sahoo (supra), and Chitaranjan Mohapata and others (supra), in such event the said opposite party shall examine the case of the petitioner in the light of the ratio decided in the aforesaid cases and if it is found that the case of the petitioner is squarely covered by the aforesaid decisions, shall pass necessary orders in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of filing of such representation.

Issue urgent certified copy as per Rules.

Dr. B.R. Sarangi, J.