WP(C)/37162/2020

                                      W.P.(C) No.37162 of 2020




02. 04.01.2021                This     matter      is   taken     up     through       Video
                 Conferencing.
                                 Heard learned counsel for the parties.
                              The petitioner has filed this writ application
                 seeking for a direction to the opposite parties to allow the
                 petitioner 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 he is employee of an aided educational institution.
                              Learned counsel for the petitioner has contended
                 that since the petitioner is 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, other benefits as claimed in the writ
                 application should be extended to the petitioner.
              Learned Standing Counsel for the School and
Mass Education Department 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
petitioner is 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 petitioner. Needless to
mention, if it is found that the petitioner is 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 petitioner 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.
            Petitioner may utilize the soft copy of this order
available in the High Court's website or print out thereof at
par with certified copy in the manner prescribed, vide
Court's Notification No.4587 dated 25.3.2020.


                                     ..................................
                                      Biswanath Rath, J.