Orissa High Court
WP(C)/1825/2021 on 21 January, 2021
W.P.(C) No.1825 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 petitioner has filed this writ application
seeking for a direction to the opposite parties to allow the
petitioner 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 she is 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 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
petitioner.
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
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
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 petitioner. Needless to mention, if it is 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.
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.
kcb
