Orissa High Court
Siba Kumar Jena vs State Of Odisha & Others on 9 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No.22519 of 2021
Siba Kumar Jena ..... Petitioner
Mr.A.Sahoo,Advocate
- Versus-
State of Odisha & Others ..... Opposite parties
Mr.S.P.Panda,AGA
CORAM:
JUSTICE BISWANATH RATH
ORDER
09.08.2021
Order No. 1. Heard learned counsel appearing for the parties.
2. Learned counsel for petitioner 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 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
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 Standing Counsel for the School & 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 is concerned, 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 Hon'ble
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 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 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 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 at the rate of 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 Petition stands disposed of.
sks
(BISWANATH RATH)
JUDGE
