Orissa High Court
Pramod Kumar Panda vs State Of Odisha & Ors on 11 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23146 of 2021
Pramod Kumar Panda .... Petitioner
Mr. B.N. Parida,
Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. B. Mohanty,
Standing Counsel
for the S. & M.E. Deptt.
CORAM:
JUSTICE BISWANATH RATH
ORDER
11.08.2021
Order No.
02. 1. The Petitioner has filed this application seeking 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 Institution) Rules, 1977, retiral and
pensionary benefits under the Orissa Aided Educational Institutions'
Employees Retirement Benefit Rules, 1986 and G.P.F. benefit under
the Orissa Aided Educational Institutions Employees' General
Provident Funds Rules, 1983, as he is an employee of an Aided
Educational Institution.
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.
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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
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 case of
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
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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
into account the ratio decided in Ritanjali Giri @ Paul (supra) and
also keeping in view the observation and consideration of citations
made in disposal of W.P.(C) No.29322 of 2020, 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.
5. With the aforesaid direction the writ petition stands disposed of.
(Biswanath Rath)
Judge
Ayas Kanta Jena
