Orissa High Court
Alakananda Sahu @ Jena vs State Of Odisha & Others .... Opposite ... on 13 July, 2018
Equivalent citations: AIRONLINE 2018 ORI 233
Author: A.K.Rath
Bench: A.K.Rath
HIGH COURT OF ORISSA: CUTTACK
WP(C) No.5036 of 2018
In the matter of an application under Article 226 of the Constitution of
India.
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Alakananda Sahu @ Jena .... Petitioner
Versus
State of Odisha & others .... Opposite parties
For Petitioner ... Mr. Binod Madhab Dutta, Adv.
For Opp. Parties ... Mr. Biswajit Mohanty, S&ME
PRESENT:
THE HONOURABLE DR. JUSTICE A.K.RATH
Date of hearing: 13.07.2018 : Date of judgment: 13.07.2018
Dr. A.K.Rath, J By this application under Article 226 of the Constitution
of India, challenge is made to the order dated 3.10.2016 passed by
the District Education Officer, Balasore, opposite party no.4, vide
Annexure-1, whereby and whereunder the application of the
petitioner for appointment under the rehabilitation scheme has been
rejected.
2. Sadananda Jena, husband of the petitioner, was
functioning as Headmaster-in-charge in Khyama Radhashyam High
School, Chhada in the district of Balasore. His service was approved
on 1.4.2008. He was receiving grant-in-aid (block grant) pursuant to
the notification dated 27.09.2008 issued by the Government of
Orissa in its School and Mass Education Department. While matter
stood thus, he expired on 24.01.2016. He was the sole bread earner
of his family. After his demise, the family received a setback. The
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petitioner filed an application on 23.09.2016 to appoint her under
the rehabilitation scheme. The same was rejected on 3.10.2016, vide
Annexure-1, on the ground that there is no provision for
appointment under the rehabilitation scheme to the employees of
Block Grant High Schools.
3. Heard Mr. Binod Madhab Dutta, learned counsel for the
petitioner and Mr. Biswajit Mohanty, learned Standing Counsel for
the School and Mass Education.
4. Mr. Dutta, learned counsel for the petitioner submits that
the husband of the petitioner was functioning as Headmaster-in-
charge in Khyama Radhashyam High School, Chhada. He died
leaving behind his widow (petitioner) and daughter. After his death,
the family received a setback. The application of the petitioner was
rejected on untenable and unsupportable grounds. To buttress the
submission, he places reliance on the decision of this Court in the
case of Ritanjali Giri @ Paul vs. State of Odisha and others, (W.P.(C)
No.5022 of 2013 disposed of on 11.5.2016).
5. In Ritanjali Giri @ Paul (supra), the question arose as to
whether the benefit of the Scheme applies to the family members of
an aided educational institution, which is receiving block grant ?
This Court held -
"7. Section 3(b) of the Orissa Education Act, 1969 defines
the Aided Educational Institutions, which is quoted
hereunder:
"3(b) Aided Educational Institutions means
private educational institution which is eligible
to, and is receiving grant-in-aid from the State
Government, and includes an educational
institution which has been notified by the State
Government to receive grant-in-aid."
8. On a bare perusal of the aforesaid provision, it is
abundantly clear that private educational institution which
is eligible to, and is receiving grant-in-aid from the State
Government, and includes an educational institution which
has been notified by the State Government to receive grant-
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in-aid is an aided educational institution. The Act does not
make any distinction between the full Grant School or Block
Grant School. Moreover, the private educational institution
which has been notified by the State Government to receive
grant-in-aid is also an aided educational institution."
6. The judgment applies proprio vigore to the facts of the
case. The application of the petitioner was rejected on jejune
grounds. In view of the same, the impugned order is quashed. The
matter is remitted back to the District Education Officer, Balasore,
opposite party no.4, for re-consideration in accordance with law.
7. The petition is allowed.
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DR. A.K.RATH, J.
Orissa High Court, Cuttack. Dated 13th July, 2018/ BKB-PKS