Orissa High Court
Sri Biranchi Narayan Samantray & vs State Of Odisha & Ors on 4 October, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.30938 of 2021
Sri Biranchi Narayan Samantray & .... Petitioners
Ors.
Mr. K.K.Swain,
Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. D.Mohapatra,
Standing Counsel for S.& M.E.
CORAM:
JUSTICE BISWANATH RATH
ORDER
04.10.2021
Order No.
01. 1. The Petitioners have filed this application seeking a 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 Institution) Rules, 1977,
retiral and pensionary benefits under the Orissa Aided Educational
Institutions' (Non-Govt. Fully Aided Primary School Teachers)
Retirement Benefit Rules, 1986 and benefit under the Orissa Aided
Educational Institutions Employees' General Provident Funds Rules,
1983, as they are the employees of an Aided Educational Institution.
2. Learned counsel for the petitioners have contended that since
the petitioners is working in the Educational Institution receiving
Block grant, in view of the judgment passed in Ritanjali Giri @
// 2 //
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 petitioners.
3. Learned Counsel for the State contended that in view of the
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 is concerned, the petitioners are not entitled to get the
same, as because the benefit of Grant-in-Aid Order, 1994 was denied
by this Court in the case of State of Odisha vrs. Sri Lokanath
Behera, 2018 (II) OLR 932, which has been confirmed by the
Hon'ble apex Court in Civil Appeal No.7295 of 2019 arising out of
SLP(C) No. 8343 of 2019 disposed of on 16.09.2019.
4. Considering the contentions raised by the 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 the deceased employees of Educational
// 3 //
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 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) and
also keeping in view the observation and consideration of citations
made in disposal of W.P.(C) No.29322 of 2020, 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.
5. With the aforesaid direction, the writ petition stands
disposed of.
(Biswanath Rath)
Judge
