Authority: High Court of Odisha, Cuttack
Order Date: 07-10-2026
Case Overview
- Petitioner: Managing Committee of Gulnagar Girls High School, Kendrapara, represented by Mr. P.N. Mohanty (Advocate).
- Opposite Parties: State of Odisha and others, represented by Mr. S. Behera (AGA).
- Writ Petition No.: W.P.(C) No.32637 of 2026 (CNR No.ODHC010772452026).
- Nature of Petition: Direction to release salary components/Grant-in-Aid to school staff either from 1‑June‑1999 or from the date of eligibility under the Grant-in-Aid (GIA) Order, 1994, instead of the Block Grant effective from 01‑Jan‑2004 as per the Grant-in-Aid Order, 2004.
- Legal Basis Cited:
- Judgment in FAO No.509 of 2014 disposed on 19‑Mar‑2025, upheld by the Apex Court on 25‑Mar‑2026, dismissing SLP(C) Diary No.6943 of 2026.
- Decision in State of Odisha and another Vrs. Ratnakar Mohapatra (referred to as Ratnakar Mohapatra) establishing entitlement under GIA Order, 1994.
- State of Odisha and another Vrs. Anup Kumar Senapati and another (2019) 19 SCC 626, held not to bar extension of benefits under GIA Order, 1994.
- Similar benefit extended in WP(C) No.21651 of 2026, order dated 15‑Jul‑2026.
- Counsel Submissions: Mr. Mohanty argued staff are entitled to GIA Order, 1994 benefits because the proposal was submitted before the 2004 repeal; produced copy of SLP(C) Diary No.6943 of 2026 order.
- State’s Position: Mr. Behera (AGA) submitted that, in view of the settled law from Ratnakar Mohapatra, the court should direct the opposite party No.2 to consider the representation (Annexure‑3).
Final Outcome
- The writ petition is disposed with a direction to opposite party No.2 (the State) to consider the representation annexed as Annexure‑3 and pass an order on it preferably within four weeks of receiving a copy of this order.
- A copy of the order shall be handed to the learned counsel for the State for intimation and compliance.
- The court directs issuance of an urgent certified copy of this order as per procedural rules.
Topics: Grant-in-Aid, Education Law