Orissa High Court
WP(C)/12025/2021 on 31 March, 2021
W.P.(C) No. 12025 of 2021
of 2020
02. 31.03.2021 The matter is taken up through video conferencing.
Heard Mr. S.K. Mishra, learned counsel for the petitioner and Mr.
B. Mohanty, learned Standing Counsel for School & 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, 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 an employee of an aided educational institution.
Mr. S.K. 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.
Mr. B. Mohanty, learned Standing Counsel for School & 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
2
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 records, 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
