2 04.01.2021 This Matter Is Taken ... vs Unknown

                 W.P.(         C.M.P.
                                   W.P.(C)
                                      No.1360
                                           No.35317
                                              of 2015of 2020




2   04.01.2021                This matter is taken up through Video conferencing.
                              Heard    Mr.D.N.Rath,      learned   counsel     for   the
                         petitioners and learned Additional Government Advocate
                         for the State-opposite parties.
                              The petitioners have filed this writ application
                         seeking for a direction to the opposite parties to allow
                         the petitioners to avail the leave benefits under the
                         Orissa Education (Leave of Teachers and other Members
                         of the Staff of Aided Educational Institutions) Rules,
                         1977, retrial and pensionary benefit under the Orissa
                         Aided Educational Institutions' Employees Retirement
                         Benefit Rules, 1981 and G.P.F. benefit under the Orissa
                         Aided   Educational      Institutions   Employees'     General
                         Provident Funds Rules, 1983, as they are employees of
                         an aided educational institution.
                              Learned counsel for the petitioners contended that
                         since the petitioners are working in the educational
                         institution receiving block grant, in view of the judgment
                         passed in Ritanjali Giri @ Paul v. State of Odisha
                         (School & M.E. Deptt.) & others, 2016 (I) ILR 1162,
                         wherein this Court has already held that the legal heirs
                         of   deceased     employees     of   educational    institutions
                         receiving block grant are entitled to get compassionate
                         appointment, pursuant to which the Government of
                         Odisha in the Department of School & Mass Education
                         Department has issued a circular on 01.08.2019 granting
                         benefit of compassionate appointment to the legal heirs
                         of the deceased employees working in fully aided
                         educational     institutions   and   educational    institutions
                         receiving grant-in-aid (New) /block grant, therefore,
                   -2-




other benefits as claimed in the writ application should
be extended to the petitioners.
         Learned Additional Government Advocate for the
State contended that in view of law laid down in Ritanjali
Giri @ Paul (supra) although benefit of compassionate
appointment     to   the    legal      heirs   of   the    deceased
employees of educational institutions receiving block
grant    has   already     been     extended        by    the   State
Government, pursuant to letter dated 01.08.2019, but
so far as other claims as made in this writ application,
the petitioners are not entitled to get the same, as
because the benefit of Grant-in-Aid Order, 1994 was
denied by this Court in State of Odisha v. Sri
Lokanath Behera, 2018 (II) OLR 932, which has been
confirmed by the apex Court in Civil Appeal No. 7295 of
2019, arising out of SLP(C) No.8343 of 2019, disposed
of on 16.09.2019.
        Considering the contentions raised by learned
counsel for the parties and after going through the
record, this Court is of the considered view that since the
benefit of compassionate appointment to the legal heirs
of   deceased    employees        of    educational       institutions
receiving block grant has already been extended by the
authority, vide circular dated 01.08.2019, therefore,
without expressing any opinion on the merits of the
case, the matter is remitted back to the authority
concerned for consideration with regard to extension of
other benefits as claimed in the writ application taking
into account the ratio decided in Ritanjali Giri @ Paul
(supra) within a period of two months from the date of
communication of this order by the petitioners. Needless
                          -3-




      to mention, if it is found that the petitioners are entitled
      to get all the benefits, as claimed in the writ application
      in consonance with the law laid down in Ritanjali Giri @
      Paul (supra), the same shall be granted within the time
      stipulated but however taking care of the direction of
      this   Court    dated      03.11.2020,   passed    in    W.P.(C)
      No.22706 of 2020. In the event payment involving
      petitioners is not released within two months, it shall
      carry interest @7% per annum for the period of delay
      and the interest component shall be recovered from the
      person responsible for such delay.
             As   restrictions      are   continuing   for    Covid-19,
       petitioners may utilize the soft copy of this order
       available in the High Court's Website or print out
       thereof at par with certified copies in the manner
       prescribed vide Court's Notification No.4587 dated
       25.3.2020.



                                          ..............................

Biswanath Rath,J sks