Orissa High Court
WP(C)/37848/2020 on 13 January, 2021
W.P.(C) No.37848 of 2020
02. 13.01.2021 This matter is taken up through Video
Conferencing.
Heard learned counsel for the parties.
The petitioners have filed this writ application
seeking for a direction to the opposite parties to treat the
petitioners at par with the employee of other aided
educational institution who were extended with grant-in-aid
in accordance with grant-in-aid order, 1994 and accordingly
to extend all benefits as applicable to the aided educational
institution within the meaning of Section 3(b) of the Orissa
Education Act, such as, Earned Leaves as prescribed under
Rule 9 of 1977 Rules, Extra Ordinary leaves as prescribed
under Rule 12 of 1977 Rules as well as Study Leaves as
prescribed under Rule 13 of 1977 Rules and other benefits as
provided under 1977 Rules, Pension Rules, GPF Rules, though
the same facilities and benefits were given to the employees
of other institutions, which were notified under Section-3(b)
of the Orissa Education Act pursuant to the grant-in-aid
order, 1994.
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
uks
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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 petitioners.
Learned Additional Standing Counsel for the
State 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 found that the petitioners are entitled to get
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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.
