2 04.01.2021 This Matter Is Taken ... vs Unknown

                 W.P.(           C.M.P.
                                     W.P.(C)
                                        No.1360
                                             No.36464
                                                of 2015of 2020




2   04.01.2021                   This matter is taken up through Video conferencing.
                             Heard         Mr.T.K.Nayak,         learned        counsel    for   the
                         petitioner and Mr.Satpathy,              learned Standing Counsel
                         for the School &          Mass Education Department for the
                         opposite 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 the employee of an aided
                         educational institution.
                                           Learned       counsel      for        the      petitioner
                         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
                   -2-




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 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
                          -3-




      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 so also taking into consideration the
      representation vide Annexure-3. 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