Orissa High Court
WP(C)/1832/2021 on 21 January, 2021
W.P.(C) No.1832 of 2021
02. 21.01.2021 This matter is taken up through Video
conferencing.
Heard Mr. P.K. Mohanty, learned counsel for
the petitioner and learned Additional Government Advocate
for the State.
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 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 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 employee 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
petitioners.
Learned Additional Government Advocate for the
State 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 3 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 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
are 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.
Petitioners 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.
kcb
