Orissa High Court
WP(C)/12123/2021 on 8 April, 2021
W.P.(C) No. 12123 of 2021
02. 08.04.2021 The matter is taken up by video conferencing mode.
Heard Mr. K. Swain, learned counsel for the petitioners and Mr.
B. Mohanty, learned Standing Counsel for School and Mass Education
Department.
The petitioners have filed this application seeking 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 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. K. Swain, learned counsel for the petitioners has contended
that since the petitioners are 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
01.08.2019, but so far as other claims as made in this writ application,
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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 four months from the
date of communication of this order. Needless 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.
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.
