Orissa High Court
2 01.03.2021 The Matter Is Taken Up ... vs Unknown on 1 March, 2021
W.P.(C) No. 7427 of 2021
02 01.03.2021 The matter is taken up through hybrid arrangement
(virtual/physical mode).
Heard Mr. K. Swain, 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 allow the petitioners 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. K. Swain, 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
2
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 petitioners are 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.
Issue urgent certified copy as per rules.
...............................
Dr. B.R. Sarangi, J.
Alok
