The court remitted the writ petition to the authority to consider granting leave, pensionary, and GPF benefits to the petitioner, an employee of an aided educational institution, relying on the ratio regarding compassionate appointment in Ritanjali Giri.
Matter remitted to the authority for consideration of other benefits within four months.
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W.P.(C) No. 20320 of 2020
02. 26.08.2020
The matter is taken up through video conferencing.
Heard Mr. B.N. Parida, learned counsel for the petitioner and Mr. B. Satpathy, learned Standing Counsel for School and Mass Education Department.
The petitioner has filed this application seeking 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 Institutions) Rules, 1977, retrial and pensionary benefit under the Orissa Aided Educational Institutions’ Employees Retirement Benefit Rules, 1981 and GPF benefit under the Orissa Aided Educational Institutions Employees’ General Provident Funds Rules, 1983, as the petitioner is employees of an aided educational institution.
Mr. B.N. Parida, 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.
Mr. B. Satpathy, 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
2
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.
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 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.
The writ petition is thus disposed of.
Ashok
2 issues framed by the court
Whether the legal heirs of deceased employees of educational institutions receiving block grant are entitled to leave, retirement, and GPF benefits in analogy with the holding on compassionate appoint
Whether the denial of Grant-in-Aid Order benefits in State of Odisha v. Sri Lokanath Behera precludes the extension of other benefits to petitioners.
Colour shows how this judgement treated each authority
Ritanjali Giri @ Paul v. State of Odisha (School & M.E. Deptt.) & othersRelied on¶6
Ritanjali Giri @ Paul v. State of Odisha (School & M.E. Deptt.) & others, 2016 (I) ILR-1162 · Who else cites this
State of Odisha v. Sri Lokanath BeheraDistinguished¶9
State of Odisha v. Sri Lokanath Behera, 2018 (II) OLR 932
3 provisions across 3 enactments
The petitioner
School and Mass Education Department
Ashok
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
