Orissa High Court
WP(C)/38440/2020 on 13 January, 2021
W.P.(C) No.38440 of 2020
02. 13.01.2021 This matter is taken up through Video
Conferencing.
Heard learned counsel for the petitioner 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 he is an 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 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
uks
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to the petitioner. Learned counsel for the petitioner 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
employee 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 claim 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
employee 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
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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,
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.
