Writ petition by a peon seeking Grant-in-Aid. Court disposed of petition without opinion on merits, directing petitioner to file representation with specific case details for further examination within four months.
Petitioner directed to file representation; respondent to examine within four months if merits are covered by cited precedent.
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W.P.(C) NO. 5220 OF 2016
03. 10.08.2016 Heard Mr. K.K. Swain, learned counsel for the petitioner and l
earned Additional Standing Counsel.
This writ petition has been filed by the petitioner, who is working as a Peon
in Mohavidyalaya, Rahama in the district Jagatsinghpur with a prayer to direct the opposite pa
rties to release the Grant-in-Aid in his favour with effect from 01.06.1994 within a stipulate
d period.
Learned counsel appearing for the petitioner submitted that the grievance of t
he petitioner is squarely covered by the ratio of the decision of this Court in the case of Pr
afulla 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.
Mr. S. Dash, learned Additional Standing Counsel submits that the relief sough
t for by the petitioner in view of the judgment passed in Prafulla Kumar Sahoo (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 petit
ioner files representation before opposite party no. 1 within a period of three weeks from tod
ay highlighting all her grievance along with an authenticated Xerox copy of the decision of th
is Court in the case of Prafulla Kumar Sahoo Vrs. State of Orissa and Others reported in 2003(
I) OLR 91, in such event the said opposite party shall examine the case of the petitioner in t
he light of the ratio decided in the aforesaid case and if it is found that the case of the pe
titioner is squarely covered by the aforesaid decision, shall pass necessary orders in accorda
nce with law as expeditiously as possible, preferable within a period of four months from the
date of filing of such representation.
The writ application is accordingly disposed of.
Urgent certified copy of the order be granted on proper application.
Narayan
// 2 //
2 issues framed by the court
Whether the petitioner is entitled to release of Grant-in-Aid as a Peon after filing repeat representation citing Prafulla Kumar Sahoo.
Whether the ratio of Prafulla Kumar Sahoo applies to the petitioner's case unconditionally.
Colour shows how this judgement treated each authority
Prafulla Kumar Sahoo Vrs. State of Orissa and OthersReferred¶4
2003(I) OLR 91
Petitioner
Opposite parties
Narayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court