Orissa High Court
2 11.01.2021 This Matter Is Taken ... vs Mass Education Department on 11 January, 2021
W.P.( C.M.P.
W.P.(C)
No.1360
No.165
of 2015
of 2021
2 11.01.2021 This matter is taken up through Video conferencing.
Heard Mr.Senapati, 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,
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 counsel for the petitioner 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,
-2-
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 four 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
-3-
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 7% interest for the period of delay and the interest
component shall be recovered from the person
responsible for such delay.
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 copies in the manner prescribed vide Court's
Notification No.4587 dated 25.3.2020.
..............................
Biswanath Rath,J
sks
