Authority: High Court of Odisha, Cuttack
Order Date: 16 October 2026
Case Overview
- Parties: Managing Committee of Amar High School, Chanabeda, Nuapada (Petitioner) vs State of Odisha & others (Opposite Parties).
- Petition: Seeks a direction for the State to release salary components/grant‑in‑aid to the school’s staff either from 01‑06‑1995 or from the date of their eligibility as per the Grant‑in‑Aid Order, 1994, instead of the Block Grant regime effective from 2004.
- Legal Basis: Relies on the judgment in FAO No.509 of 2014 (State of Odisha & others v. Ratnakar Mohapatra) disposed on 19‑03‑2025, which was upheld by the Apex Court on 25‑03‑2026. Also cites State of Odisha v. Anup Kumar Senapati (2019) 19 SCC 626, arguing that it does not bar the extension of benefits under the 1994 order.
- Counsel’s Submissions: Mr. B. Behera, Advocate for the petitioner, produced a copy of SLP (C) Diary No(s).6943 of 2026 and highlighted that a similar benefit was granted in W.P.(C) No.21651 of 2026 dated 15‑07‑2026.
- State’s Position: Represented by ASC Mr. S. Mishra, the State contended there was no obligation to revert to the 1994 grant‑in‑aid scheme.
- Court’s Reasoning: The Court found that the settled position of law, as affirmed in Ratnakar Mohapatra, overrides any contrary view expressed in the Anup Kumar Senapati decision, and therefore the petitioner’s claim is maintainable.
Final Outcome
- The writ petition is disposed of with a direction to Opposite Party No.2 (the State) to consider the representation annexed as Annexure‑5 and to pass an order on the matter.
- The State is instructed to pass the order preferably within four weeks from the date it receives a copy of this order.
- A copy of the order shall be handed over to the learned counsel for the State for intimation and compliance.
- An urgent certified copy of this order is to be issued as per the applicable rules.
Topics: Grant-in-Aid, Education, Judicial Direction