Kishor Kumar Dash vs State Of Odisha & Ors
2021 Latest Caselaw 8316 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No.22755 of 2021


            Kishor Kumar Dash                      ....            Petitioner
                                                             Mr. D.N. Rath,
                                                                  Advocate
                                        -versus-

            State of Odisha & Ors.                 ....   Opposite Parties
                                                        Mr. B. Mohanty,
                                                    Standing Counsel for
                                 the School & Mass Education Department


                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

9.08.2021 Order No.

02. 1. The Petitioner has filed this application seeking a direction to the

Opposite Parties to treat the Petitioner at par with the employees of

other aided educational institutions, who have been extended with

Grant-in-Aid in accordance with Grant-in-Aid Order, 1994, and

accordingly extend all benefits as applicable to the aided educational

institutions within the meaning of Section 3(b) of the Orissa

Education Act, such as earned leaves as prescribed under Rule 9 of

1977 Rules, extra ordinary leaves as prescribed under Rule 12 of

1977 Rules, as well as study leaves as prescribed under Rule 13 of

1977 Rules and other benefits as provided under 1977 Rules,

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Pension Rules, GPF Rules, though the same facilities and benefits

were given to the employees of other institutions, which were

notified under Section 3(b) of the Orissa Education Act, 1969

pursuant to Grant-in-Aid Order, 1994.

2. 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.

3. Learned Standing Counsel for School and Mass Education

Department contended that in view of the law laid down in Ritanjali

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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, 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 the 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 the 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 the 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

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into account the ratio decided in Ritanjali Giri @ Paul (supra),

within a period of four months from the date of communication of an

authenticated copy 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.

5. With the aforesaid direction the writ petition stands disposed of.

(Biswanath Rath) Judge

Ayas Kanta Jena