Orissa High Court
2 06.04.2021 The Matter Is Taken Up ... vs Unknown on 6 April, 2021
WP(C) NO.11497 of 2021 1
02 06.04.2021 The matter is taken up by video conferencing mode.
Heard Mr. Satyajit Samal, learned counsel for the
petitioner and Mr. B. Mohanty, learned Standing Counsel
for School and Mass Education Department.
The petitioner has filed this application seeking
direction to the opposite parties to treat the petitioner at
par with the employees of other aided educational
institutions, who have been extended with grant-in-aid in
accordance with Grant-in-Aid Order, 1994, and
accordingly extend all benefits as applicable to the aided
educational institutions within the meaning of Section
3(b) of the Orissa Education Act, such as Earned Leaves
as prescribed under Rule 9 of 1977 Rules, extra ordinary
leaves as prescribed under Rule 12 of 1977 Rules, as well
as study leaves as prescribed under Rule 13 of 1977
Rules and other benefits as provided under 1977 Rules,
Pension Rules, GPF Rules, though the same facilities and
benefits were given to the employees of other institutions,
which were notified under Section 3(b) of the Orissa
Education Act, 1969 pursuant to Grant-in-Aid Order,
1994.
Mr. Satyajit Samal, learned counsel for the
petitioner has contended that since the petitioner is
working in an 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
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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 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 petitioners.
Mr. B. Mohanty, learned Standing Counsel for
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
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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 four months from the date of communication of
this order. 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.
The writ petition is thus disposed of.
As the restrictions due to COVID-19 situation are
continuing, learned counsel for the parties may utilize a
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 Notice No.4587,
dated 25th March, 2020.
.............................. ...
Dr. B.R. Sarangi, J.
Ashok
