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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT
Balakrushna Swain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. appellant seeks grant-in-aid as lecturer. (Para 1 , 2) |
| 2. appellant argues tribunal erred in decision. (Para 3) |
| 3. respondents justify tribunal's findings. (Para 4) |
| 4. appeal granted, judgment modified for gia. (Para 5) |
JUDGMENT :
PER DIXIT KRISHNA SHRIPAD, J.
1. This appeal by a Teacher working in a College at Gop in Puri district is filed under Section 24-C of the Odisha Education Act, 1969. It seeks to assail the judgment dated 04.05.2018, whereby the State Education Tribunal at Bhubaneswar has partly negatived appellant’s GIA Case No.522 of 2013. In the subject GIA case, the appellant essentially had sought for a direction to the respondents to sanction the Grant-in-Aid in his favour at the rate of 1/3rd with effect from 01.06.1994 under the provisions of Grant-in-Aid Order, 1994 and to pay all arrears accruing with effect from the said date.
2. For the ease of understanding, the operative portion of the judgment is reproduced below:
“The G.I.A. application is allowed. Order under Annexure-2 releasing Block Grant w.e.f 1.2.2009 under the provision of the Grant in Aid Order, 2009 in favour of the applicant is hereby set aside. The Opposite Parties No.1 and 2 are dire
A Teacher is entitled to Grant-in-Aid from 1 June 1994 under the Odisha Education Act, recognizing the Degree College as a separate entity from the +2 Institution.
The main legal point established in the judgment is that statutory provisions prevail over any executive instructions or clarifications issued in contravention to the statutory rules.
The denial of grant-in-aid for a Non-Government Aided High School established prior to 1994 lacks legal basis; equal treatment based on established precedents is mandated.
The central legal point established in the judgment is the significance of the institution's notification under the respective orders in determining the eligibility of the appellant to receive Block ....
The High Court determined that disputes regarding eligibility for grant-in-aid must be adjudicated by the Tribunal established under Section 24-B of the Odisha Education Act, rejecting any alternativ....
The court held that the Odisha Education Service (Recruitment) Rules, 1990 govern the Petitioners' eligibility for higher scales, rather than the later rules, as they had become eligible for placemen....
The Court upheld the right of the petitioner to claim benefits under the 2014 Placement Rules based on the Grant-in-Aid status, despite opposition arguments about common cadre membership.
Once the decision has been taken to release the grant-in-aid, it should be released uniformly without putting any riders in the same.
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