STATE OF ODISHA Vs. SADHANA PRADHAN

JUDGEMENT

(1.) Since the issue involved in the present batch of Appeals is identical, all the appeals were heard analogously and disposed of by the present common order. However, for the sake of brevity and convenience, FAO No.281 of 2018 was taken as the lead case.

(2.) All these present Appeals have been filed challenging the judgment passed by the learned State Education Tribunal (in short, 'the Tribunal') in different G.I.A cases so filed by the employees/concerned institutions seeking extension of the benefit of Grant-in- aid under G.I.A Order, 1994 (in short, '1994 Order'). While State is the appellant in all those cases where the claim has been allowed by the Tribunal, the employees/institutions are before this Court in different appeals where such claim has been rejected by the Tribunal.

(3.) Learned counsel appearing for the State-Appellant in FAO No.281 of 2018 contended that the respondents who happens to be the teaching and non-teaching staff of Jayadev Girls' High School, Barahipur in the district of Cuttack, moved the Tribunal in GIA Case No.43 of 2012 for release of Grant-in-aid in terms of the 1994 order w.e.f 1/6/1994. Such claim of the Respondents was allowed by the Tribunal vide the impugned Judgment dt.4/10/2017. While assailing the judgment so passed by the Tribunal, learned Addl. Standing Counsel contended that prior to coming force of the 1994 Order, Government vide its resolution No.9760 dt.17/3/1979 prescribed that Grant-in-aid can be considered if the result of the school would be 50% above of the State average in the Annual High School Certificate Examination for a period of four (4) years continuously, besides other eligibility criteria and one (1) year in case the school is situated in backward areas and a Girls School. Resolution dt.17/3/1979 was modified by the Government in the erstwhile Education and Youth services Department vide its resolution dt.23/9/1981 and in the said resolution it was provided that Grant-in-aid to non-Government Aided High Schools need not be subject to qualitative and quantitative assessment of the schools' performance for the present. Such notification was also made applicable with retrospective effect from 1/4/1979.