Orissa High Court
Purna Chandra Behera vs State Of Odisha & Ors on 3 August, 2021
2IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC NO.21852 of 2021
Purna Chandra Behera .... Petitioner
Mr.S.C.Dev Dash, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr.P.C.Panda, AGA
CORAM:
JUSTICE BISWANATH RATH
ORDER
03.08.2021
Order No.
1. 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 they are employees of an
aided educational institution.
2. Learned counsel for the petitioner has 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 the educational institutions receiving
block grant are entitled to get compassionate appointment, pursuant to which
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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 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.
3. 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 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.
4. 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
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
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care of the direction of this Court dated 03.11.2020, passed in W.P.(C)
No.22706 of 2020. In the event payment involving petitioner 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.
5. The writ application stands disposed of.
6. Issue urgent certified copy.
(Biswanath Rath)
Judge
Manoj Kumar Rout
