Orissa High Court
Bikash Ranjan Panda vs State Of Odisha And on 5 January, 2024
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.41332 of 2023
Bikash Ranjan Panda .... Petitioner
Mr. B.P. Das, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
Mr. S.K. Samal, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
05.01.2024 Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. B.P. Das, learned counsel for the petitioner and Mr. S.K. Samal, learned Addl. Govt. Advocate for the State.
3. Petitioner has filed this present Writ Petition inter alia with the following prayer:-
<It is therefore prayed that this Hon'ble Court be pleased to admit the present writ petition, issue notice to the opp. parties and call for the records and after hearing the parties pleased to:
i. issue appropriate direction(s)/order(s) to the Opp. Party No.2 for release of subsistence allowance w.e.f. 21.05.2023 to till date as per provision of Rule-9 of the Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974.=
4. It is contended that the petitioner while continuing as a Lecturer in English in Anchalika Higher Secondary School, Birashal, Dhenkanal, he was placed under suspension vide office order dated 27.06.2023, so issued by the Opp. Party No.3 under Annexure-2.
// 2 // 4.1. In the order of suspension, the Headquarter of the petitioner was placed in the office of Opp. Party No.3 and it was also indicated that the petitioner will get the Subsistence Allowance as per the rule during his period of suspension. On the face of such order passed under Annexure-2, when petitioner was not released with his Subsistence Allowance, the present Writ Petition was filed.
4.2. Learned counsel for the petitioner contended that in terms of the order issued under Annexure-2, the Headquarter of the petitioner was fixed in the office of Opp. Party No.2. But while issuing the communication dated 03.10.2023 under Annexure-7 series for submission of the monthly absentee statement of the petitioner, Opp. Party No.3 requested the Principal of the College-O.P. No.4 to submit the absentee statement of the petitioner for the purpose of release of Subsistence Allowance in his favour.
5. Since this Court found that while calling for absentee statement from the principal vide letter dated 03.10.2023, Opp. Party No.3 himself indicated the absentee statement, O.P. No.3 was directed to file an affidavit as to how while calling for absentee statement from the principal, he himself indicated the statement.
6. Pursuant to the order passed on 20.12.2023, an affidavit is filed in Court today. The affidavit be kept in record. In the said affidavit, it has been stated that since Headquarter of the petitioner was fixed in the office of Page 2 of 4 // 3 // Opp. Party No.3 and the petitioner is discharging his duty by putting his signature in the attendance in the office of Opp. Party No.3, Opp. Party No.3 had the knowledge about the discharge of duty by the petitioner during the period of suspension and accordingly indicated the absentee statement while issuing letter dated 03.10.2023. However, it is contended that unless the Principal of the College submit the bill for release of the Subsistence Allowance, Subsistence Allowance cannot be paid to the petitioner.
7. Learned counsel for the petitioner contended that the issue with regard to receipt of Subsistence Allowance is no more res integra, in view of the decision of this Court so passed on 19.10.2023 in W.P.(C) No.34453 of 2021 and batch. Vide the judgment, this Court has held the applicability of the Orissa Aided Educational Institutions (Recruitment and Conditions of Service etc.) Rules, 1974 to the employees working in the Block Grant Institution.
8. Having heard learned counsel for the parties and in view of the decision rendered by this Court in the above noted case on 19.10.2023, this Court while disposing the Writ Petition directs Opp. Party No.4 to submit the relevant bill for release of Subsistence Allowance to the office of Opp. Party No.2, within a period of 2 (two) weeks from the date of receipt of this order. On receipt of the required bill, Opp. Party No.2 shall take effective steps for Page 3 of 4 // 4 // release of the Subsistence Allowance as due and admissible, within a further period of 4(four) weeks.
9. The Writ Petition is disposed of.
Signature Not Verified (Biraja Prasanna Satapathy)Digitally Signed Judge Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Basudev Orissa, Cuttack Date: 09-Jan-2024 18:04:11 Page 4 of 4