Orissa HC pulls up Govt for rejecting ex-gratia application of daily wager’s family

The Orissa High Court has pulled up the authorities in Odisha’s Nayagarh district in rejecting the ex-gratia compensation payment to a family which lost their sole breadwinner to landslide way back in 2013 by observing that “welfare state is required to act rationally and the policies are required to be reasonable”.

Nayagarh Collector rejected the ex-gratia application on the ground that the amount of the rainfall that had taken place in the locality is less than the minimum quantum of rainfall prescribed in the Odisha Relief Code.

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“Indisputably, the death had occurred due to a landslide. Having such a condition as a yardstick to grant compensation is highly arbitrary and unreasonable. Under the constitutional scheme, the State being a welfare state is required to act rationally and the policies are required to be reasonable. Viewed from the aforesaid constitutional perspective it can’t be accepted that the decision in rejecting the prayer”, the Single Bench judge Justice A.K.Mohapatra ruled while directing the authorities to release the RS 1.5 lakh compensation to the bereaved family.

In view of the analysis of the factual position and keeping in view the well settled principles of law, this Court is of the considered view that the petitioners are entitled to the ex-gratia compensation of Rs 1.5 lakh on account of the death of late Taleswar Jani in terms of the Odisha Relief Code.

Accordingly, a direction is issued to pay the petitioners compensation along with interest from the date the application was made by the petitioners to the competent authority, at the applicable rate, within a period of two months from the date of communication of a certified copy of judgment. It is further made clear that failure to pay such an ex-gratia amount within the aforesaid time shall attract an interest to the tune of 12% p.a. till the entire amount is paid to the petitioners, the Court ordered.

Taleswar Jani was engaged as a labourer in a road construction work in Sirikibadi village under Banigochha Police Station limits of Nayagarh district along with other workers. On 17 July 2013, while the work was going on, all of a sudden, a landslide took place due to heavy rainfall, as a result of which, Jani died instantly at the spot due to the natural calamity.

Police investigation confirmed that the death of the Jani was due to the landslide and fall of heavy material on the deceased. The doctor who conducted post mortem of the body opined that the cause of death of the deceased was due to asphyxia and due to fall of heavy material on the chest wall of the deceased.