WP(C)/8159/2021
2021 Latest Caselaw 3287 Ori

                                       W.P.(C) No. 8159 of 2021




02.   05.03.2021            The matter is taken up through hybrid arrangement
                   (virtual/physical mode).
                            Heard Mr. S. Mishra, learned counsel for the petitioner
                   and learned State counsel.
                            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 the petitioner is employees of an aided
                   educational institution.
                            Mr. S. Mishra, 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 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 State counsel 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
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        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.


Ashok
                                            ...............................
                                              Dr. B.R. Sarangi, J.