Orissa High Court
2 08.06.2021 The Matter Is Taken Up ... vs Unknown on 8 June, 2021
W.P.(C) No. 17009 of 2021
02 08.06.2021 The matter is taken up by video conferencing mode.
Heard Mr. S. Rout, learned counsel for the petitioner and
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 benefits 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. Rout, 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 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.
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
2
01.09.2019, 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 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.
...............................
Dr. B.R. Sarangi, J.
Alok
