Orissa High Court
WP(C)/159/2021 on 28 January, 2021
W.P.(C) No. 159 OF 2021
02. 28.01.2021 The matter is taken up through video conferencing.
Heard Mr. R. Sahoo, 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 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 GPF benefit under the Orissa Aided
Educational Institutions Employees' General Provident Funds
Rules, 1983, as he is employee of an aided educational
institution.
Mr. R. Sahoo, 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.
....................................
(DR. B.R. SARANGI, J)
Ajaya
