Authority: High Court of Odisha at Cuttack
Order Date: 31 July 2026
Case Overview
- Petition: Managing Committee of Hirlipali High School (represented by its Headmaster‑cum‑Secretary) filed W.P.(C) No.12697 of 2026, CNR No.ODHC010266772026, seeking a writ of mandamus.
- Respondents: State of Odisha & Others.
- Counsel: Mr. D.N. Rath for the petitioner; Mr. Debashis Tripathy, AGA for the respondents.
- Relief Sought: Direct the opposite parties to extend the benefit to the school’s employees as per the order dated 22‑02‑2019 passed by the learned Tribunal in GIA Case No.342 of 2015, which was confirmed by this Court on 14‑03‑2024 in FAO No.614 of 2020.
- The AGA, in an order dated 10‑07‑2026, indicated that the matter could be settled through his intervention with Government officials but highlighted Section 24‑A(6) of the Odisha Education Act, 1969, which states that a tribunal order shall be enforced under the Code of Civil Procedure, 1908 as if it were a civil decree.
- The Court noted that because the tribunal order is deemed a decree, the provisions of Order XXI of the CPC are applicable for its execution.
- Execution proceedings have been pending since 2019 (Execution Case No.119 of 2019), and the Tribunal has not progressed further.
Final Outcome
- The Court directed the learned Tribunal to proceed with the execution of the decree without delay, invoking the stringent mechanisms available under Order XXI of the CPC, including the possible issuance of a warrant to ensure the presence of the judgment debtor.
- The Court emphasized that the execution has been pending since 2019 and urged the Tribunal to make an expeditious effort to satisfy the decree.
- With these directions, the writ petition is disposed of.
Topics: Legal Enforcement, Education Employment