Orissa High Court
Jibardhan Padhan & Ors vs State Of Odisha And Others on 2 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 109 of 2022
Jibardhan Padhan & Ors. ..... Petitioners
Mr. K. Swain, Advocate
Vs.
State of Odisha and others ..... Opposite parties
Standing Counsel S&ME
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
02.02.2022
Order No. This matter is taken up by video conferencing mode.
2. Heard Mr. K. Swain, learned counsel for the
petitioners and learned Standing Counsel for School and
Mass Education Department.
3. The petitioners have filed this application seeking
direction to the opposite parties to allow them 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 benefits
under the Orissa Aided Educational Institutions' Employees
Retirement Benefit Rules, 1981 and benefit under the Orissa
Aided Educational Institutions Employees' General
Provident Funds Rules, 1983, as they are employees of aided
educational institution.
4. Mr. K. Swain, learned counsel for the petitioners has
contended that since the petitioners are working in
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 petitioners.
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.
8. As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties may
utilize a print out of the order available in the High Court's
website, at par with certified copy, subject to attestation by
the concerned advocate, in the manner prescribed, vide
Court's Notice No.4587 dated 25th March, 2020, as modified
by Court's notice no. 4798 dated 15th April, 2021, and
Court's Office Order circulated vide Memo Nos.514 and 515
dated 7th January, 2022.
Alok (Dr. B.R. Sarangi)
Judge
