Orissa High Court
WP(C)/37125/2020 on 11 January, 2021
W.P.(C) No.37125 of 2020
02. 05.01.2021 This matter is taken up through Video
Conferencing mode.
Heard Mr.Sangram Jena, learned counsel for the
petitioner and learned Standing Counsel for School and 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, retiral 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 keeping in view
the ratio decided in the case of Ritanjali Giri @ Paul Vrs.
State of Orissa and others, reported in 2016 (1) ILR-
CUT-1162 within a stipulated period.
Learned counsel for the petitioner has 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 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
uks
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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 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 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
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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. One copy of this order be supplied
to the learned Standing Counsel for School and Mass
Education Department for communication purpose.
The writ petition stands disposed of.
As restrictions are continuing for COVID-19,
learned counsel 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.
