Writ petition seeking leave, retirement, and provident fund benefits. Court remitted matter to authority for consideration of other benefits in light of Ritanjali Giri @ Paul ratio.
Matter remitted to authority for consideration within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No. 159 OF 2021
The matter is taken up through video conferencing.
Heard Mr. R. Sahoo, 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 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.
Mr. R. Sahoo, 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 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 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-inAid 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.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.
…………….……………….. (DR. B.R. SARANGI, J)
Ajaya
2 issues framed by the court
Whether the petitioner is entitled to leave benefits, retrial and pensionary benefits, and GPF benefits as an employee of an aided educational institution receiving block grant.
Whether the benefits extended to legal heirs under the Ritanjali Giri @ Paul judgment apply to other staff benefits.
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
Petitioner
School and Mass Education Department
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
