Orissa High Court
WP(C)/145/2021 on 25 January, 2021
W.P.(C) No. 145 of 2021
02. 25.01.2021 The matter is taken up through video conferencing.
Heard Mr. B. Mansingh, learned counsel for the petitioner
and Mr. B. Satpathy, learned Standing Counsel for School and
Mass Education Department.
The petitioner has filed this application seeking to quash
the decision/rejection order dated 26.07.2016 under Annexure-1
and to rehabilitated him under Odisha Civil Service
(Rehabilitation Assistance Scheme) Rules immediately from the
date of her application dated 20.11.2013 under Annexure-6
considering the judgment and the GA Department Resolution;
Mr. B. Mansingh, learned counsel for the petitioner
contended that since the petitioner is 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. B. Satpathy, learned Standing Counsel for School and
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, 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 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.
The writ petition is thus disposed of.
As the restrictions due to the COVID-19 situation are
continuing, learned counsel for the parties 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 25th March,
2020.
Ajaya ..................................
(Dr. B.R. Sarangi, J)
