Orissa High Court
WP(C)/3354/2021 on 1 February, 2021
W.P.(C) No. 3354 of 2021
02. 01.02.2021 The matter is taken up through video conferencing.
Heard Mr. B.B. Behera, learned counsel for the
petitioner and Mr. B. Satpathy, learned Standing Counsel
for School and Mass Education Department.
The petitioner has filed this application seeking
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
GPF benefit under the Orissa Aided Educational Institutions
Employees' General Provident Funds Rules, 1983, as he is
employee of an aided educational institution.
Mr. B.B. Behera, learned counsel for the petitioner
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
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application should be extended to the petitioner.
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
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.
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 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
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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.
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Ajaya (Dr. B.R. Sarangi, J)
