Orissa High Court
Unknown vs State Of Odisha on 5 January, 2021
W.P.(C) No.36783 of 2020
2. 5.01.2021 This matter is taken up through Video
Conferencing.
Heard learned counsel for the parties.
Learned counsel for petitioner has 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.
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
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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.
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
Ayas 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
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delay.
The Writ Petition stands disposed of.
As restrictions are continuing due to COVID-19,
petitioner(s) 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 25.03.2020.
..............................
(Biswanath Rath, J.)
