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2025 DAILYLAW 997 (ORI)

KEDARESWAR SWAIN v. STATE OF ODISHA

WP(C)/37473/2025 · 2026-01-13

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.37473 of 2025 Kedareswar Swain ..... Petitioner Represented by Adv. - Anup Udaya Senapati -versus- State Of Odisha & Ors. ..... Opposite Parties Represented by Adv. – Mr. U.C.Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 13.01.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “Under the above circumstances, it is humbly prayed that the writ petition may be allowed; And (a) a writ of mandamus or on appropriate writ may be issued commanding the opposite parties to allow the petitioner to avail the leave benefits under the Orissa Education (Leave of Teachers and other Members of the Staff of Aided Educational Institutions) Rules, 1977, Retiral and Pensionary benefit under the Orissa Aided Educational Institutions' Employees Retirement Page 2 of 3. Benefit Rules, 1981 and G.P.F. benefit under the Orissa Aided Educational Institutions Employees' General Provident Funds Rules, 1983, as the petitioner is an employee of an aided educational institution; And (b) any other order/orders or direction/ directions may be issued so as to give complete relief to the petitioner.” 4. In course of hearing, learned counsel for the Petitioner submits that the Petitioner may be granted liberty to file a fresh representation ventilating his grievance before the Director Secondary Education, Odisha, Opposite Party No.2 which may be considered within a stipulated period of time in accordance with law. 5. Learned Additional Standing Counsel on the other hand submits that he has no objection if liberty is granted to the Petitioner to file a fresh representation before the Opposite Party No.2 and the same is considered and disposed of in accordance with law. 6. In view of the aforesaid limited nature of grievance of the petitioner, this Court disposes of the writ petition granting liberty to the Petitioner to file a fresh representation before the Director Secondary Education, Odisha, Opposite Party No.2 ventilating his grievance within a period of two weeks. If such a representation is filed within the time stipulated, the same shall be considered and disposed of by the Opposite Party No.2 within a period of eight weeks from the date of filing representation by passing a speaking and reasoned order. The decision so taken on the same shall be communicated to the Petitioner within ten days thereafter. Page 3 of 3. 7. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra) Judge Rubi