AKSHYA KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since similar questions of law or facts are involved in all the above writ petitions, all the matters were heard together. However, this Court felt it appropriate to decide W.P.(C) No.5480 of 2021 first and whatever the outcome of the said Writ Petition, the same will be covered to other similar writ petitions mentioned above.

(2.) The petitioner who is working as Hindi Teacher has filed W.P.(C) No.5480 of 2021 (hereinafter referred to as "the present writ petition" for brevity) challenging, inter alia, the order passed by the authority rejecting his claim for grant of Trained Graduate Scale of Pay on attaining the age of 48 years on the ground that the qualification possessed by him is not similar to the case of Radharani Samal v. State of Orissa 2017(1) ILR-CUT-546, and, therefore, he is not entitled to get the benefit as has been made available to said Radharani Samal(supra) who is the petitioner in W.P. (C) No.18908 of 2013 disposed of on 24/11/2016. Therefore, the petitioner has approached this Court for seeking the aforesaid relief as extended in Radharani Samal (supra).

(3.) The averments made in the writ petition are that the school of the petitioner was notified to receive block grant with effect from 1/1/2004 as per Grant-in-Aid Order of 2004 read with Sec. 3(b) of Odisha Education Act, 1969 (hereinafter referred to as "the Act" for brevity). Therefore, the school of the petitioner is an aided educational institution within the meaning of Sec. 3(b) of the Act and as such the institution of the petitioner and its employees governed under the various rules framed under the Act and rules framed thereunder from time to time.