Orissa High Court
Sitaram Naik & Ors vs State Of Odisha & Ors. .... Opposite ... on 13 September, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27643 of 2021
Sitaram Naik & Ors. .... Petitioners
Mr.P.K.Pattanayak, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. D.Mohapatra, Standing Counsel
CORAM:
JUSTICE BISWANATH RATH
ORDER
13.9.2021 Order No.
01. 1. The Petitioners have filed this application seeking a 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, upon superannuation all retrial and pensionary benefits 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, in view of ratio decided in the case of Ritanjali Giri @ Paul-vrs.-State of Orissa and others, reported in 2016-I ILR- CUT-1162 as the petitioners are the employees of an Aided Education Institution.
2. Learned counsel for the Petitioners has contended that since the Petitioners are working in an Educational Institution receiving Block grant, in view of the judgment passed in Ritanjali Giri @ Page 1 of 3 // 2 // 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 Petitioners.
3. Learned Standing Counsel for School and Mass Education Department contended that in view of the 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 is concerned, the Petitioners are not entitled to get the same, as because the benefit of Grant-in-Aid Order, 1994 was denied by this Court in the case of State of Odisha v. Sri Lokanath Behera, 2018 (II) OLR 932, which has been confirmed by the Hon'ble apex Court in Civil Appeal No.7295 of 2019 arising out of SLP(C) No. 8343 of 2019 disposed of on 16.09.2019.
4. Considering the contentions raised by the learned counsel for the parties and after going through the record, this Court is of the Page 2 of 3 // 3 // considered view that since the benefit of compassionate appointment to the legal heirs of the 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 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) and also keeping in view the observation and consideration of citations made in disposal of W.P.(C) No.29322 of 2020, within a period of four months from the date of communication of this order. Needless to mention, if it is found that the Petitioners are 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 petitioners are directed to supply copy of this order along with copy of the writ petition, copy of the order dated 11.08.2021 passed in W.P.(C) No.29322 of 2020 and the copy of the order passed in the case of Ritanjali Giri @ Paul (supra).
5. With the aforesaid direction the writ petition stands disposed of.
(Biswanath Rath) Judge M.K.Rout Page 3 of 3