Orissa High Court
WP(C)/36749/2020 on 6 January, 2021
W.P.(C) No.36749 of 2020
02. 06.01.2021 This matter is taken up through Video
conferencing.
Heard learned counsel for the petitioners and
learned Standing counsel for School & Mass Education
Department.
The petitioners have filed this writ application
seeking for a direction to the opposite parties to allow the
petitioners 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
G.P.F. benefit under the Orissa Aided Educational
Institutions Employees' General Provident Funds Rules,
1983, as they are employees of an aided educational
institution.
Learned Standing counsel for the petitioners
have contended that since the petitioners are 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 petitioners.
Learned 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, 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 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 two months from the date of
communication of this order by the petitioners. 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
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 petitioners are not released within
two months, it shall carry interest @7% per annum for the
period of delay and the interest component shall be
recovered from the person responsible for such delay.
The writ petition stands disposed of.
As restrictions are continuing for COVID-19,
petitioners may utilize the soft copy of this order available in
the High Court's website or print out thereof at par with
certified copy in the manner prescribed, vide Court's
Notification No.4587 dated 25.3.2020.
..................................
Biswanath Rath, J.
kcb
