Orissa High Court
WP(C)/15861/2021 on 2 June, 2021
W.P.(C) No.15861 of 2021
02. 02.06.2021 This matter is taken up through Video
Conferencing mode.
Heard learned counsel for the petitioner and
learned counsel for the School and Mass Education
Department.
The petitioner has filed this writ application
seeking for a direction to the opposite parties to allow
the petitioner to avail the leave benefits under the
Odisha Education (Leave of Teachers and other
members of the Staff of Aided Educational Institution)
Rules, 1977, retrial and pensionary benefits under the
Orissa Aided Educational Institutions Employees
Retirement Benefits Rules, 1981 and G.P.F. under the
Orissa Aided Educational Institutions Employees General
Provident Funds Rules, 1983, as he is an employee of an
aided educational institution.
Learned counsel for the petitioner has
contended that since the petitioner is working in the
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 employee of educational
institutions receiving block grant are entitled to get
compassionate appointment, pursuant to which the
Government of Odisha in the Department of School and
Mass Education Department has issued a circular on
uks 01.08.2019 granting benefit of compassionate
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appointment to the legal heirs of the decease employees
working in the 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 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
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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 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.
The writ petition stands disposed of.
As the restrictions due to resurgence of
COVID-19 situation are continuing, learned counsel for
the parties may utilize a print out of the order available
in the High Court's website, at par with certified copy,
subject to attestation by the concerned Advocate, in the
manner prescribed vide Court's Notice No.4587, dated
25th March, 2020 as modified by Court's notice No.4798,
dated 15th April, 2021.
..................................
Biswanath Rath, J.
(Vacation Judge)
