Remanded

Basanta Kumar Samal v. State of Odisha

Orissa HC6 Aug 2020WP(C)/17100/2020

Case brief

AI extract

What is this about?

In a writ petition seeking leave, retirement, and pensionary benefits, the Court held that while compassionate appointment for legal heirs of deceased employees in block grant institutions has been extended by the State, the claim for other benefits cannot be decided on merits here. The matter was remitted to the authority within four months to consider the claims in light of relevant precedent.

What did the court decide?

Matter remitted to the authority for consideration of benefits within four months.

Basanta Kumar Samal Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2020)

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W.P.(C) No. 17100 OF 2020

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02. 06.08.2020

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The matter is taken up through video conferencing.

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Heard Mr. K. Swain, learned counsel for the petitioner and Mr. P.K. Panda, learned Standing Counsel for School & Mass Education Department.

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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.

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Mr. K. Swain, 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.

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Mr. P.K. Panda, learned Standing Counsel for School & Mass Education Department contended that in view of law laid down in Ritanjali Giri @ Paul (supra) although benefit of

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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.

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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.

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The writ petition is thus disposed of.

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.....……………………. Dr. B.R. Sarangi, J.

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Ajaya

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Basanta Kumar Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basanta Kumar Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

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