Orissa High Court
2 01.03.2021 The Matter Is Taken Up ... vs School And Mass Education ... on 1 March, 2021
W.P.(C) No. 6525 of 2021
02 01.03.2021 The matter is taken up through hybrid arrangement
(virtual/physical mode).
Heard Mr. A.U. Senapati, learned counsel for the
petitioners 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
benefits under the Orissa Education (Leave of Teachers and
other Members of the Staff of Aided Educational Institutions)
Rules, 1977, retiral and pensionary benefit under the Orissa
Aided Educational Institutions' Employees Retirement Benefit
Rules, 1981 and G.P.F. benefit under the Orissa Aided
Educational Institutions Employees' General Provident Funds
Rules, 1983, as the petitioner is an employee of an aided
educational institution.
Mr. A.U. Senapati, 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.
Mr. B. Mohanty, learned Standing Counsel for School and
2
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 01.09.2019, 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.
...............................
Dr. B.R. Sarangi, J.
Alok
