Nilachal Acharya vs State Of Odisha and Ors

S.K. Panigrahi, J

This matter is taken up through hybrid arrangement.

Heard.

Limited grievance of            the petitioner is that he sought a direction to the opposite parties to look into his request and take appropriate action in the matter of allotment of GPF account in his favour. However, the stand of the Government is that they have not framed any policy with respect to opening of GPF account for block grant lecturers and no notification has been issued by the Government for extending GPF scheme under the Orissa Aided Educational Institutions’ Employees’ General Provident Fund Rules, 1983. Accordingly, the petitioner was denied the GPF benefits.

Learned counsel for the petitioner submits that the school of the petitioner is an aided educational institution within the meaning of Section 3(b) of the Orissa Education Act, 1969. Further, he submits that this Court in the case of Ritanjali Giri Alias Paul vrs. State of Odisha and others 216 (I) ILR 1162, has held that:

“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.”

In view of such facts, the matter is required to be examined.

Hence, issue notice to the opposite parties.

Mr. Biswajit Mohanty, learned Standing Counsel for the Department of School and Mass Education waives of notice on behalf of opposite parties. Required number of copies of the brief be served on him within two working days hence, who shall obtain instructions in the matter.

Since the similar matter i.e. W.P.(C) No.8161 of 2022 has been fixed for hearing on 20.04.2022, let the present writ petition be tagged to the same.

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