Orissa High Court
2 03.03.2021 The Matter Is Taken Up ... vs Unknown on 3 March, 2021
WP(C) NO.6060 of 2021
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02 03.03.2021 The matter is taken up through hybrid arrangement
(virtual/physical mode).
Heard Mr. B. Ray, learned counsel for the petitioner
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 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 provided under
1977 Rules, Pension 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. B. Ray, 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
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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
petitioners.
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 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,
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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.
Urgent certified copy of this order be granted on
proper application.
.............................. ...
Dr. B.R. Sarangi, J.
Alok
