Orissa High Court
Unknown vs State Of on 18 January, 2021
W.P.(C) No.1195 of 2021
02. 18.01.2021 This matter is taken up through Video Conferencing.
Heard learned counsel for the parties.
Learned counsel for 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 to the petitioner.
Learned Standing Counsel for the School & 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 is concerned, 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 Hon'ble
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
sks 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
2
circular dated 01.08.2019, therefore, without expressing any opinion on
the merits of the case, the matter is remitted 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 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 at the rate of 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 due to due to VOVID-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 copy in the manner
prescribed, vide Court's Notification No.4587 dated 25.3.2020.
.....................................
Biswanath Rath, J.
