Orissa High Court
WP(C)/11808/2021 on 30 April, 2021
W.P.(C) No. 11808 of 2021
02. 30.04.2021 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 he is employee of an aided educational
institution.
Mr. S.C. Samantray, learned counsel for the
petitioner 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 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 resurgence of COVID-19
situation are continuing, learned counsel for the parties
may utilize a printout of the order available in the High
Court's website, at par with certified copy, subject to
attestation by the concerned advocate, in the manner
prescribed vide Court's Notice No.4587, dated 25th March,
2020 as modified by Court's Notice No. 4798 dated 15th
April, 2021.
....................................
(DR. B.R. SARANGI, J)
Ashok
