Orissa High Court
Judhisthir Pradhan And Others vs State Of Odisha And Another on 8 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 927 of 2022
Judhisthir Pradhan and others ..... Petitioner s
Mr. D.K. Mohapatra, Advocate
Vs.
State of Odisha and another ..... Opposite parties
Mr. S. Jena, SC, S&ME Deptt
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
08.12.2022
Order No. This matter is taken up through hybrid mode.
2. Heard.
3. The petitioners have 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, the Orissa Aided Educational Institutions
Employees' General Provident Funds Rules, 1983, Orissa Education
(Recruitment and Conditions of Service of Teachers and Members of the Staff
of Aided Educational Institutions) Rules, 1974 and Odisha Aided Educational
Institutions Employees Common Cadre and Inter transferability Rules, 1979
and after retirement of the petitioners under Orissa Aided Educational
Institutions' Employees Retirement Benefit Rules, 1981.
4. Learned counsel for the petitioners 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.
5. 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
01.09.2019, but so far as other claims as made in this writ application, 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 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.
6. 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.
7. The writ petition is thus disposed of.
Arun (DR. B.R. SARANGI, J.)
