Orissa High Court
WP(C)/37619/2020 on 5 January, 2021
W.P.(C) No.37619 of 2020
02. 05.01.2021 This matter is taken up through Video
Conferencing mode.
Heard Mr.A.Sahoo, 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 treat the
petitioner service at par with the employees of other Aided
Educational institutions who were extended with Grant-in-Aid
in accordance with Grant-in-Aid Order 1994 and accordingly
to extend all benefits as applicable to the Aided Educational
Institution within the meaning of Section 3(b) of the Orissa
Education Act, such as Earned Leaves as prescribed under
Rule 9 of 1977 Rules, Extra Ordinary Leaves as prescribed
under Rule 12 of 1977 Rules as well as study Leaves as
prescribed under Rule 13 of 1977 Rules and other benefits as
provides under 1977 Rules, Pension Rules, GPF Rules, though
the same facilities and benefits were given to the employees
of other institutions, which were notified under Section-3(b)
of the Orissa Education Act, pursuant to the Grant-in-Aid
Order, 1994.
Learned counsel for the petitioner has 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 CUT-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
uks
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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
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 two months from the date of
communication of this order by the petitioner. Needless to
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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. One copy of this order be supplied
to the learned State Counsel for communication purpose.
The writ petition stands disposed of.
As restrictions are continuing for COVID-19,
learned counsel 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 25.03.2020.
......................................
Biswanath Rath, J.
