Orissa High Court
WP(C)/37622/2020 on 6 January, 2021
W.P.(C) No.37622 of 2020
02. 06.01.2021 This matter is taken up through Video
conferencing.
Heard learned counsel for the petitioner and
learned Standing Counsel for School & Mass Education
Department.
The petitioner has filed this writ application
seeking for 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 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 he is employee of an aided educational institution.
Learned counsel for the 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 CUT 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 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
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 two months from the date of
communication of this order by the petitioner. 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
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 @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,
petitioner 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.
