Orissa High Court
WP(C)/2504/2021 on 28 January, 2021
W.P.(C) No. 2504 OF 2021
of 2020
02. 28.01.2021 The matter is taken up through video conferencing.
Heard Mr. K.K. Swain, learned counsel for the petitioners and
Mr. B. Satpathy, 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. K. Swain, 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 petitioners.
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
2
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 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. 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.
..............................
Dr. B.R. Sarangi, J.
Ajaya
