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2002 Supreme(Ori) 812

P.K.MOHANTY, P.C.NAIK
SUNIL KUMAR PATTANAIK – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
L. Samantray, for the Appellant; R.N. Acharya, Additional Government Advocate, for the Respondent

JUDGMENT :

P.C. Naik, J. - The prayer in this writ application is for issuance of an appropriate writ, direction or order to the opposite parties commanding them to release the Grant-in-Aid in favour of the petitioner whose services have been validated in terms of the provisions contained in the Orissa Aided Educational Institutions (Appointment of Lecturers Validation) Act, 1998 (in short, 'Act, 1998'), Placing reliance on a decision of this Court in Sanjib Kumar Pattnaik v. State of Orissa and others (Batch), 2002 (I) OLR 58, it is contended by the learned counsel for the petitioner that once the appointment of the petitioners was validated under the statute, they were automatically entitled to receive Grant-in-Aid under the Orissa Grant-in-Aid Order, 1994 (in short, "Grant-in-Aid Order, 1994"). This, according to the learned counsel, flows from the provisions contained in Sub-section (2) of Section 3 of the Act, 1998 which lays down that lecturers whose appointments are validated under the Act shall be governed under the Orissa Aided Educational Institutions (Appointment of Lecturers Validation) Act, 1998.

2. A single Bench of this Court in Sanjib Kumar Pattnaik's case (supra), ta















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