Orissa High Court
WP(C)/12315/2021 on 24 June, 2021
WP(C) No. 12315 of 2021
02. 24.06.2021 This matter is taken up by video conferencing mode.
Heard Mr. S.C. Samantray, 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 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. S.C. Samantray, 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.
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 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.
.......................................
(DR. B.R. SARANGI, J)
Ajaya
