Orissa High Court
Manas Ranjan Mishra vs State Of Odisha And Others on 21 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No. 1059 of 2022
Manas Ranjan Mishra .... Petitioner
Ms. S. Samal, Advocate
-Versus -
State of Odisha and others .... Opposite Parties
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
21.01.2022
Order No. This matter is taken up through video conferencing mode.
2. The petitioner has filed this writ application seeking for a
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 G.P.F. benefit under the Orissa Aided Educational
Institutions Employees' General Provident Funds Rules, 1983, as
they are employees of an aided educational institution.
3. Learned counsel for the petitioner has contended that since
the petitioner is working in the 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 the 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 Department 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.
4. Learned Additional Government Advocate for the State
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 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.
5. 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 two months from
the date of communication of this order by the petitioner. 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 but however taking care of the
direction of this Court dated 03.11.2020, passed in W.P.(C)
No.22706 of 2020. In the event payment involving petitioner is not
released within two months, it shall carry interest @7% per annum
for the period of delay and the interest component shall be
recovered from the person responsible for such delay.
6. The Writ Petition stands disposed of.
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.
Ashok (Dr. B.R. Sarangi)
Judge
