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1993 Supreme(Ori) 268

B.L.HANSARIA, R.K.PATRA
PATRAS SORENG – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
B.M. Patnaik and R.N. Mishra, for the Appellant; Govt. Advocate, B.K. Beura and A.C. Badu, for the Respondent

JUDGMENT :

B.L. Hansaria, C.J. - The petitioner had joined Hamirpur High School as a Physical Education Teacher in 1955 by force of the letter of appointment dated June 22, 1955 as at Annexure 1. After joining the school, he went for training and on completion of the same he was accepted as a trained Physical Education Teacher with effect from July 1, 1953 to be confirmed in that post with effect from Septembers, 1964. He served the school till the age of superannuation, which was 60 years, which date fell on October 19, 1990, and so, came to retire with effect from October 31, 1990. He prayed for grant of retirement benefits like pension and gratuity but the same not having been paid, the present application has been filed.

2. Before we proceed to examine the merit of the case of the petitioner relating to his entitlement to the aforesaid retirement benefits, it may be stated that Hamirpur High School is a minority institution havingbcen established by Christian Minority, Githolic Diocese of Sambalpur/ Bcndargarh. Even so, it is an Aided Institution and fully aided at that, as staled in paragraph 2 of the petition, which averment has been replied in the counter affidavit filed by th







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