Orissa High Court
2 25.01.2020 Heard Mr. B. Mohanty vs Unknown on 25 January, 2021
W.P.(C) No. 36788 of 2020
02 25.01.2020 Heard Mr. B. Mohanty, learned counsel for the
petitioners and Mr. P.M. Pattajoshi, learned Standing Counsel
for School and Mass Education Department.
The petitioners have filed this application seeking
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 GPF benefit under the
Orissa Aided Educational Institutions Employees' General
Provident Funds Rules, 1983, as they are employees of an
aided educational institution.
Mr. B. Mohanty, learned counsel for the petitioners has
contended that since the petitioners are working in an
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 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.
Mr. P.M. Pattajoshi, learned Standing Counsel for School
and Mass Education Department contended that in view of law
2
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 01.09.2019, 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
account the ratio decided in Ritanjali Giri @ Paul (supra)
within a period of four months from the date of
communication of this order. 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.
The writ petition is thus disposed of.
...............................
Dr. B.R. Sarangi, J.
Alok
