Orissa High Court
WP(C)/3519/2021 on 1 February, 2021
W.P.(C) No. 3519 of 2021
02. 01.02.2021 The matter is taken up through video conferencing.
Heard Mr. S. Swain, learned counsel for the
petitioners and Mr. B. Satpathy, learned Standing Counsel
for School and Mass Education Department.
The petitioners have filed this application seeking
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, 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.
Mr. S. Swain, learned counsel for the petitioners has
contended that since the petitioners are 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
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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 petitioners.
Mr. B. Satpathy, 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
petitioners are 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
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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 petitioners are
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 the COVID-19 situation are
continuing, learned counsel for the parties may utilize the
soft copy of this order available in the High Court's website
or print out thereof at par with certified copies in the
manner prescribed, vide Court's Notice No.4587, dated 25th
March, 2020.
..................................
Ajaya (Dr. B.R. Sarangi, J)
