Disposed

Babita Nayak v. State of Orissa

Orissa HC23 Mar 2017WP(C)/4968/2017

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What is this about?

The High Court disposed of the writ petition regarding the petitioner's claim for grant-in-aid. It directed opposite parties to examine the matter based on Nabaghana Nanda. Appointment approval would trigger financial benefits with arrear dues paid per Union of India vs. Tarsem Singh within three months.

What did the court decide?

Direction to opposite parties to examine petitioner's eligibility for grant-in-aid per Nabaghana Nanda and pay arrear dues as per Union of India vs. Tarsem Singh within three months.

Petitioner Babita Nayak, who is working as P.E.T. in Korua Womens Juni or College, Korua in the district of Kendrapara made a prayer to receive grant-in-aid on the b asis of the Grant-in-Aid principles of 3, 5 and 7 as per the Grant-in-Aid Order, 1994. It is c laimed by the petitioner that her case is covered by the decision rendered by this Court in th e case of Nabaghana Nanda vrs. State of Orissa and others and in OJC No. 12385 of 1997 dispose d of on 10.4.2001.

It is further submitted that one Golam Mahammad Islam Khan, Lecturer i n Mathematics (1st post) of Netrananda Sahoo Womens College, Kakatpur approached this Court in WP(C) No. 28601 of 2011 and direction has been issued to the opp. parties to examine the matt er in the light of judgment rendered in the case of Nabaghan Nanda (supra). In the event, the appointment of the petitioner is approved and she shall be given all the financial benefits fo llowing such approval. It is further submitted by the learned counsel for the petitioner that the appointment of the petitioner has been approved by the Director, Higher Education, Odisha, Bhubaneswar.

Considering the relief sought for and upon hearing the learned counsel for the petitioner and the learned counsel for the State, this Court disposes of the writ app lication with a direction to the opp. parties to examine the matter in the light of the judgme nt rendered in the case of Nabaghan Nanda (supra). In the event, the appointment of the petiti oner is approved, all the financial benefits shall be given to her following such approval. Th e entire exercise shall be completed as early as possible, preferably, within a period of thre e months from the date of production of certified copy of this order. The arrear dues, if any, shall be paid in consonance with the judgment rendered by the apex Court in Union of India vs . Tarsem Singh; 2008 (8) SCC 648.

Babita Nayak v. State of Orissa

Case brief

What is this about?

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Babita Nayak v. State of Orissa

Case brief

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What did the court decide?

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