Disposed

Binapani Dwibedi v. State of Orissa

Orissa HC21 Mar 2017WP(C)/4055/2017

Case brief

AI extract

What is this about?

In a writ petition regarding pension benefits for a deceased peon in an aided school, the court relied on the Ritanjali Giri case to hold no distinction between full and block grant schools. It disposed of the petition, granting liberty to file a fresh representation with the Director of Secondary Education for reconsideration within 15 days, requiring a reasoned reply within 45 days after a heari

What did the court decide?

Liberty to file fresh representation before Director of Secondary Education; authority to dispose within 45 days after hearing.

Binapani Dwibedi Vs State of Orissa — Education and Admissions | Orissa HC (2017)

¶1

W.P.(C) No.4055 of 2017

¶2

21.03.2017

¶3

Heard learned counsel for the petitioner and learned Standing Counsel for the School and Mass
Education Department.

¶4

 The petitioners husband Late Padma Charan Dwibedi was working as a Peo
n in Bhagabatipur High School, in the district Puri, which is an Aided Educational Institution
 as per Section 3(b) of the Orissa Education Act, 1969. Her husband died in harness.

¶5

 In the case of Ritanjali Giri @ Paul Vrs. State of Odisha (School and
M.E. Department) & Others, 2016 (I) ILR-CUT-1162, this Court has held that the Orissa Educatio
n Act do not make a distinction between the full grant school and block grant school. Moreover
, the private educational institution, which has been notified by the State Government to rece
ive grant-in-aid is an aided educational institution.

¶6

 In that view of the matter, the writ petition is disposed of giving liberty to
 the petitioner to file a fresh representation before the Director of Secondary Education, Odi
sha, Bhubaneswar (opposite party no.2) within fifteen days along with a certified copy of the
order and a copy of the brief. On such event, the opposite party no.2 shall consider the repre
sentation and after affording a reasonable opportunity of personal hearing to the petitioner d
ispose of the same, within a period of 45 days from the date of production of a certified copy
 of this order, a reasoned order. The authority shall keep in mind the ratio decided in the ca
se of Ritanjali Giri @ Paul Vrs. State of Odisha (School and M.E. Department) & Others, 2016 (
1) ILR-CUT-1162 (supra)

¶7

 Urgent certified copy of this order be granted on proper application.

¶8

 S.K.Mishra, J

Binapani Dwibedi v. State of Orissa

Case brief

What is this about?

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Binapani Dwibedi v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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