Orissa High Court
WP(C)/38438/2020 on 13 January, 2021
W.P.(C) No.38438 of 2020
02. 13.01.2021 This matter is taken up through Video
Conferencing.
Heard learned counsel for the petitioners and
learned Standing Counsel for School and 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 Teaches and other Members of the Staff
of Aided Educational Institutions) Rules, 1977, retiral and
pensionary benefit under the Orissa Aided Educational
Institutions' (Non-Govt. Fully Aided Primary School Teachers)
Retirement Benefit Rules, 1986 and 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 petitioners has
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
uks
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application should be extended to the petitioners. Learned
counsel for the petitioners also relied on two decisions of this
Court in the case of Sarat Chandra Parida Vrs. State of
Orissa, reported in 2015 (II) ILR Cuttack 94 and in the case
of Ananta Kishore Sahoo Vrs. State of Orisa (in W.P.(C)
No.22316 of 2018, disposed of on 20.08.2019).
Learned Standing Counsel for School and Mass
Education Department has 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
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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 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,
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.
