WP(C)/11787/2021
2021 Latest Caselaw 6128 Ori

                             W.P.(C) No.11787 of 2021




2.   07.06.2021         The matter is taken up by video conferencing mode.
                       Heard Mr. S.C. Samantray, learned counsel for the
                  petitioner and Mr. B. Mohanty, 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 they
                  are employees of an aided educational institution.
                       Mr. S.C. Samantray, 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-1162
                  wherein this Court has already held that the legal heirs of
                  the 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. Mohanty, 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.
              As the restrictions due to resurgence of COVID-19
        situation are continuing, learned counsel for the parties may
        utilize a printout 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.


                                      ....................................

Ajaya (Dr. B.R. SARANGI, J)