Orissa High Court
WP(C)/16154/2021 on 11 June, 2021
WP(C) NO. 16154 of 2021
02. 11.06.2021 The matter is taken up by video conferencing mode.
Heard Mr. Ranjit Samal, learned counsel for the petitioners and Mr. B.
Mohanty, learned Standing Counsel for School and Mass Education
Department.
The petitioners have filed this application seeking direction to the
opposite parties to treat the petitioner at par with the employees of other aided
educational institutions, who have been extended with grant-in-aid in
accordance with Grant-in-Aid Order, 1994, and accordingly extend all benefits
as applicable to the aided educational institutions within the meaning of Section
3(b) of the Orissa Education Act, such as earned leaves as prescribed under
Rule 9 of 1977 Rules, extra ordinary leaves as prescribed under Rule 12 of
1977 Rules, as well as study leaves as prescribed under Rule 13 of 1977 Rules
and other benefits as provided under 1977 Rules, Pension Rules, GPF Rules,
though the same facilities and benefits were given to the employees of other
institutions, which were notified under Section 3(b) of the Orissa Education Act,
1969 pursuant to Grant-in-Aid Order, 1994.
Mr. Ranjit Samal, 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 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
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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
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.
Ashok
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Dr. B.R. Sarangi, J.
