Remanded

Kabita Behera v. State of Odisha

Orissa HC24 Jun 2021WP(C)/12315/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking leave, retirement, and GPF benefits for an employee of an aided educational institution. The Court remitted the matter to the concerned authority for fresh consideration of these benefits within four months, applying the ratio of Ritanjali Giri @ Paul on compassionate appointment without expressing an opinion on the merits.

What did the court decide?

Matter remanded back to the authority concerned for consideration of extension of leave, retirement, and GPF benefits within four months.

Kabita Behera Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2021)

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WP(C) No. 12315 of 2021

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02. 24.06.2021 This matter is taken up by video conferencing mode.

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Heard Mr. S.C. Samantray, learned counsel for the petitioner and learned Standing Counsel for School and 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, 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 he is employee of an aided educational institution.

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Mr. S.C. Samantray, learned counsel for the petitioner 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

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grant, therefore, other benefits as claimed in the writ application should be extended to the petitioner.

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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 01.08.2019, 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 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

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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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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout 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 25^th March, 2020 as modified by Court’s Notice No. 4798 dated 15^th April, 2021.

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…...……………………………

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(DR. B.R. SARANGI, J)

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Ajaya

Kabita Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kabita Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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