Authority: High Court of Odisha, Cuttack
Order Date: 16 October 2026
Case Overview
- Petitioners: Nabin Kumar Nayak and others, represented by Advocate K. Prajwal, filed writ petition No.34394 of 2026 seeking regularisation of services and release of salary components by treating their institution as an aided educational institution under the Grant‑in‑Aid Order, 1994.
- Opposite parties: State of Odisha and others, represented by AGA B.P. Nayak. The petition challenges the refusal to grant such benefits.
- The petition relies on the judgment in FAO No.509 of 2014 (State of Odisha v. Ratnakar Mohapatra) dated 19 March 2025, upheld by the Supreme Court on 25 March 2026, and on the principle articulated in State of U.P. v. Arvind Ku. Srivastava (2015) and State of Karnataka v. C. Lalitha (2006).
- Counsel argued that the petitioners’ proposal was submitted before the repeal of the Grant‑in‑Aid Order in 2004, and that the later decision in State of Odisha v. Anup Kumar Senapati (2019) does not bar extension of benefits, as confirmed by the Apex Court and applied in WP(C) No.21651 of 2026 (order dated 15 July 2026).
Final Outcome
- The Court directs Opposite Party No.1 (State of Odisha) to consider the representation annexed as Annexure‑5 and to pass an order granting the requested service regularisation and salary release, preferably within four weeks of receipt of this order.
- The writ petition is disposed of with the above direction.
- The Court also orders issuance of an urgent certified copy of the order and its transmission to the learned AGA for compliance.
Topics: Education Funding, Legal Judgment