Orissa High Court
Shantilata Barik And Others vs Secretary on 19 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.32181 of 2011
(Through Hybrid mode)
Shantilata Barik and others .... Petitioners
Mr. B.Singh, Advocate
-versus-
Secretary, Home Affairs .... Opposite Parties
Department, Bhubaneswar and
others
Mr. A.K.Sharma, Addl. Govt. Advocate
CORAM: JUSTICE ARINDAM SINHA
ORDER
Order No. 19.04.2022
14. 1. Mr. Singh, learned advocate appears on behalf of
petitioners and on 3rd March, 2022 had submitted, petitioners
are entitled to compensation and employment for one of them
on death of Sukura Singh, who died while on duty as a Grama
Rakshi. He relied on a Division Bench judgment of this Court
in Niranjan Nayak vs. State of Odisha, reported in 2007 (II)
OLR 197, paragraph 6 to submit, view taken was that Grama
Rakshi post was under administrative control of District
Magistrate and is a civil post. He then relied on rule 1 (3) in
Odisha Civil Services (Compassionate Grant) Rules, 1964 to
submit, the rules apply to all State Government servants,
including the work charged job-contract and contingency-paid
employees other than daily-rated employees. Rule 3 provides
for entitlement of the family of a Government servant to be
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eligible to compassionate grant. He had handed up resolution
dated 21st June, 2010, whereby Government of Odisha,
Finance Department resolved, inter alia, rate of compensation
in grant to be Rs.4,00,000/- for a Government servant died
while on duty. He points out that the deceased died during
duty of night patrolling, in a road accident. Those were the
facts.
2. Mr. Sharma, learned advocate, Additional Government
Advocate appears on behalf of State and draws attention to
paragraph 8 in the counter. He submits, there is no provision
available to provide compensation to petitioners. The
deceased was not serving as regular employee and, therefore,
the scheme of rehabilitation assistance cannot be extended to
them. He submits further, at the time of death the deceased
was drawing Rs.1000/- per month as allowance, not salary (as
per annexure B/3 in the counter) i.e., below the eligibility
criteria of salary to entitlement of compensation.
3. The question for consideration is whether the rules of
1964 apply to the deceased. In event it does, under resolution
dated 21st June, 2010, compensation of Rs.4,00,000/- is to be
paid.
4. The rules of 1964, inter alia, provide under rule 1 as
under.
"1. (i) These rules may be called the Orissa
Civil Services (Compassionate Grant) Rules, 1964.
(2) They shall come into force at once.
// 3 //
(3) These rules shall apply to all State
Government servants including the work charged
job-contract and contingency-paid employees other
than daily-rated employees.
Explanation - For the removal of doubts it is
hereby declared that these rules shall not apply to
persons to whom the Workmen's Compensation Act,
1923 (Act 8 of 1923) applies and the members of the
All-India Services."
5. Orissa Grama Rakshi Rules, 1969 provides under rule
14, as below.
"14. A Grama Rakshi shall receive an
allowance of one hundred rupees per month. The
officer-in-charge of the Police-station shall submit
the acquittance roll in respect of all the Grama
Rakshi of the police-station along with their
absentee statement for each month to the
Superintendent of Police of the District for drawal of
their monthly allowances and be responsible for the
prompt disbursement of such allowances every
month to the Grama Rakhee. The Superintendent of
Police of the district shall be the Drawing Officer
for the purpose.
6. The rules of 1969 were made on powers granted under
Orissa Grama Rakshi Act, 1967. The rules provide for
monthly allowance to be paid to a Grama Rakhi. Further
conditions of service require the Grama Rakhi to be on
probation for one year, after which period of work and
conduct if found satisfactory, he may be permanently
appointed to the post. The rules of 1964 are applicable to all
State Government servants including work charged job-
contract and contingency-paid employees, other than daily-
rated employees. The deceased having been entitled to
monthly allowance under the 1969 rules, cannot be said to be
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a daily-rated employee. This fact is supported by State itself in
contending that the deceased was drawing Rs.1000/- per
month.
7. The writ petition succeeds. State is directed to pay the
compensation of Rs.4,00,000/- (rupees four lakhs) in terms of
resolution dated 21st June, 2010 within three weeks of
communication.
8. The writ petition is disposed of.
(Arindam Sinha)
Judge
RKS
