Orissa High Court
WP(C)/12311/2021 on 8 April, 2021
W.P.(C) No. 12311 of 2021
02. 08.04.2021 The matter is taken up by video conferencing mode.
Heard Mr. S.C. Samantray, 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 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 GPF benefit under the
Orissa Aided Educational Institutions Employees' General Provident
Funds Rules, 1983, as the petitioner is employees of an aided
educational institution.
Mr. S.C. Samantray, 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 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 petitioner.
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
2
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 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 the 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.
Alok
...............................
Dr. B.R. Sarangi, J.
