Disposed

Sneharanjan Pani v. State of Orissa

Orissa HC14 Aug 2019WP(C)/13952/2019

Case brief

AI extract

What is this about?

The petitioner sought rehabilitation assistance after the death of his father, an assistant teacher. The Court dismissed the writ petition without expressing an opinion on the merits, relying on a precedent, but directed the respondent authority to consider a fresh representation with hearing within 30 days.

What did the court decide?

Petition disposed; liberty granted to file fresh representation within 15 days; authority to dispose within 30 days after hearing.

Sneharanjan Pani Vs State of Orissa — Pension and Retirement Benefits | Orissa HC (2019)

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W.P.(C) No. 13952 of 2019

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2 14.08.2019

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Heard Mr. S.K. Rath, learned counsel for the petitioner and Mr. B. Mohanty, learned Standing Counsel for the School and Mass Education Department.

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The petitioner’s father Late Sudam Pani was working as Asst. Teacher in Panchayat High School, Korada in the district of Nayagarh. He died on 27.08.2016 leaving behind the petitioner and other legal heirs. Thereafter the petitioner filed an application before the District Education Officer- opposite party no.4 for providing him Rehabilitation Assistance appointment. Learned counsel for the petitioner submits that the other legal heirs have already given their No Objection for appointment of the petitioner. However no decision has been taken thereon by opposite party no.4 as yet.

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It is borne out from the record that the aforesaid School has received block grants from the State of Odisha. Hence, the learned Standing Counsel for the School and Mass Education Department submits that the rehabilitation scheme is not applicable to the Schools which are receiving block grants but rather it is applicable only to fully aided schools.

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However such contention has been negatived by this Court in the case of Ritanjali Giri @ Paul Vrs. State of Odisha (School and M.E. Deptt.) & Ors., 2016 (1) ILR-CUT-1162.

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In that view of the matter, this Court disposes of the writ petition without expressing any opinion on the merits of the claim of the petitioner giving liberty to the petitioner to file a fresh representation along with the certified copy of the order before opposite party no.4 ventilating his grievance within a period of fifteen days from today. On such an event, opposite party no.4 shall consider the representation after affording reasonable opportunity of hearing to the petitioner and all parties concerned and take a decision strictly in accordance with law within a period of thirty days from the date of filing of the representation and dispose of the same by a reasoned order.

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

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�� Dr. B.R. Sarangi,J.

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Ashok

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Alok

Sneharanjan Pani v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sneharanjan Pani v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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