Prasanta Kumar Mohapatra Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Prasanta Kumar Mohapatra Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued: (i) Opp. Party No. 1 to take a decision on the request made by Opp. Party No. 2 vide Annexure-7 taking into account the decision in Baijayanti Nayak within four (4) weeks from receipt of the order; (ii) Petitioner to provide a copy of this order along with the Baijayanti Nayak judgment to Opp. Party No. 1 for compliance.

Issue for consideration

Whether the Petitioner is eligible to get the benefit of sanction of medical leave for the period 11.09.2018 to 19.11.2018, given Opp. Party No. 2's position that no provision exists under the Odisha Aided Educational Institution (Employees’ Leave) Rule, 1977 (left undecided by this Court; raised through counsel's contention). +1 more

Ratio / Principle

Directs Opp. Party No. 1 to take a decision on the request made by Opp. Party No. 2 vide Annexure-7, taking into account the decision rendered by this Court in Baijayanti Nayak (Judgment dtd.19.10.2023), within four (4) weeks from the date of receipt of this order; the Petitioner is directed to provide a copy of this order along with the Baijayanti Nayak judgment to Opp. Party No. 1 for compliance.

Key takeaways

The writ petition is disposed of accordingly (no adjudication of the eligibility question; disposed with the foregoing directions, with the concurrence of the Addl. Standing Counsel noted at ¶20).ratio¶22

Detailed headnote1 paragraphs

WP(C) No.29424 of 2019 (Order dtd.29.08.2024, High Court of Orissa at Cuttack, Biraja Prasanna Satpathy, J.) — Prasanta Kumar Mohapatra v. State of Odisha & Ors.: Petitioner challenged the communication dtd.09.12.2019 (Annexure-7) of Opp. Party No. 2, which had sought instruction from Govt.-Opp. Party No. 1 on his claim for sanction of medical leave for 11.09.2018–19.11.2018 while stating he was ineligible as no provision exists under the Odisha Aided Educational Institution (Employees’ Leave) Rule, 1977. Citing this Court's Judgment dtd.19.10.2023 in Baijayanti Nayak & Ors. v. State of Odisha & Ors. (W.P.(C) No. 34453 of 2021 & batch) and with no serious objection from Mr. S. Rath, ASC, the Court disposed of the petition, directing Opp. Party No. 1 to decide on the Annexure-7 request taking the Baijayanti Nayak decision into account within four weeks, the Petitioner to furnish copies of the order and judgment for compliance.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.29424 of 2019

Prasanta Kumar Mohapatra

..... Petitioner

Mr. K.K. Swain, Advocate

-versus-

State of Odisha & Ors.

..... Opposite Parties

Mr. S. Rath, ASC

CORAM:

THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

29.08.2024

Order No. 04

This matter is taken up through hybrid mode.

Heard Mr. K.K. Swain, learned counsel appearing for the Petitioner and Mr. S. Rath, learned Addl. Standing Counsel appearing for the Opp. Parties.

Petitioner has filed the present writ petition inter alia challenging the communication dtd.09.12.2019 so issued by Opp. Party No. 2 under Annexure-7.

Learned counsel appearing for the Petitioner contended that while considering the claim of the Petitioner for sanction of medical leave for the period from 11.09.2018 to 19.11.2018, Opp. Party No. 2 vide the impugned letter dtd.09.12.2019 under Annexure-7 though sought for instruction from the Govt.-Opp. Party No. 1, but while seeking such instruction, Opp. Party No. 2 held that Petitioner is not eligible to get the benefit as there is no such provision contained under the Odisha Aided Educational Institution (Employees’ Leave) Rule, 1977.

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4.1. Learned counsel for the Petitioner contended that during pendency of the writ petition the issue has been decided by this Court vide its Judgment dtd.19.10.2023 in the case of Baijayanti Nayak & Ors. Vs. State of Odisha & Ors. (W.P.(C) No. 34453 of 2021 & batch).

4.2. Learned counsel for the Petitioner contended that Opp. Party No. 1 be directed to take a decision on the request made by Opp. Party No. 2 vide the impugned communication dtd.09.12.2019 under Annexure-7 taking into account the decision rendered by this Court in the case of Baijayanti Nayak as cited (supra).

Mr. S. Rath, learned Addl. Standing Counsel has no serious objection to the course of action proposed by the learned counsel for the Petitioner.

Considering the submission made, this Court while disposing the writ petition, directs Opp. Party No. 1 to take a decision on the request made by Opp. Party No. 2 vide Annexure-7 taking into account the decision rendered by this Court in the case of Baijayanti Nayak as cited (supra) within a period of four (4) weeks from the date of receipt of this order. Petitioner is directed to provide a copy of this order along with the Judgment passed in the case of Baijayanti Nayak before Opp. Party No. 1 for compliance.

The writ petition is disposed of accordingly.

Signature Not Verified

(BIRAJA PRASANNA SATAPATHY) Judge

Digitally Signed Sneha Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 31-Aug-2024 14:29:33

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