Orissa High Court
Sania Pradhan @ Sanyasi Pradhan vs State Of Odisha & Ors. .... Opposite ... on 25 June, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12427 of 2017
(In the matter of an application under Articles 226 and 227 of the
Constitution of India, 1950).
Sania Pradhan @ Sanyasi Pradhan .... Petitioner(s)
& Anr.
-versus-
State of Odisha & Ors. .... Opposite Party (s)
Advocates appeared in the case through Hybrid Mode:
For Petitioner(s) : Mr. Biswajit Moharana, Adv.
For Opposite Party (s) : Mr. Sonak Mishra, A.S.C.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
DATE OF HEARING:-15.04.2024
DATE OF JUDGMENT: -25.06.2024
Dr. S.K. Panigrahi, J.
1. In this Writ Petition, the Petitioners seek a direction from this Court to
the Opposite Parties/ State to pay an amount of Rs.5,00,000/- (Rupees
Five Lakh only) towards compensation for death of their son Kunal
Pradhan inside the campus of Project Upper Primary School, Ranikiari
in the district of Ganjam due to falling of latrine wall of the school.
I. FACTUAL MATRIX OF THE CASE:
2. The brief fact of the case as presented by the Parties during the course of
argument and on the basis of material placed on record:
Location: ORISSA HIGH COURT, CUTTACK
(i) The Petitioner No.1 is a farmer and Petitioner No.2 is the wife of the
Petitioner No.1. They blessed with a son named Kunal Pradhan, who
was studying in Class-II in the Project Upper Primary School, Ranikiari
of the district of Ganjam.
(ii) The son of the Petitioners had attended the School on 24.09.2016. After
the School Classes were over he was playing with his friends inside the
School premises. All of a sudden, the old latrine wall of the School fell
down on him and he was trapped under the collapsed wall. As a result,
he sustained severe injury on his head and body. After hearing the
same, the Petitioner No.2 rushed to the School and shifted him to
Bhanjanagar Hospital for his treatment. Due to his critical condition, he
was referred to M.K.C.G. Medical College and Hospital, Berhampur.
But, the son of the Petitioners died on the way to Berhampur. The
doctor declared him dead.
(iii) The Petitioner No.1 had reported the same before the I.I.C., Tarasing
Police Station. The same was registered as Tarasing P.S. Case No.4 of
2016. Pursuant to the direction of the I.I.C., Tarasingh Police Station, the
I.O. held the inquest over the dead body of the deceased and post-
mortem was conducted by the Doctor.
(iv) The I.O. filed final report before the learned S.D.J.M., Bhanjanagar on
26.09.2016 declaring that the death of deceased Kunal Pradhan was due
to falling of wall inside the School campus of the Project Upper Primary
School, Ranikiari.
(v) After death of their son, the Petitioners approached the Opposite Party
No.4/ District Education Officer, Ganjam through the Opposite Party
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Date: 25-Jun-2024 17:32:35
No.5/ Headmaster, P.U.P. School, Ranikiari and Block Education
Officer, Bhanjanager for payment of compensation on 18.11.2016.
(vi) However, the Opposite Parties/State are not disbursing compensation
with a plea that the Notification dated 01.06.2016 of the Department of
Revenue and Disaster Management, Government of Odisha does not
stipulate for payment of compensation for death due to falling of wall.
(vii) Therefore, the Petitioners are constrained to approach this Court with a
prayer to direct the Opposite Parties to pay compensation of
Rs.5,00,000/ (Rupees Five Lakh only) to them.
II. SUBMISSIONS ON BEHALF OF THE PETITIONERS:
3. Learned counsel for the Petitioners earnestly made the following
submissions in support of his contentions.
(i) The son of the Petitioners died due to gross negligence of the State
authorities for not maintaining the School structure properly. As such
an unfortunate incident has occurred due to dereliction of the State
authorities, the State authorities should have acted promptly to provide
adequate compensation to the unfortunate parents who lost their only
son forever.
(ii) The negligence on the part of the Opposite Parties/State to repair the
latrine wall or demolish the same. As it is the duty of the State
administration to ensure the safety of the students and they have failed
to maintain the safety of the School building, they are negligent in
performing their duties for which they are bound to pay compensation
to the Petitioners.
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Date: 25-Jun-2024 17:32:35
(iii) It is the duty and responsibility of the State to provide basic and safe
infrastructure in the Primary Schools in order to prevent any untoward
incident like the present one. It is also the duty of the State to repair the
damaged school building or walls. Due to such negligence and
callousness attitude of the State administration, a tender life has met
with tragic end.
(iv) Non-payment of compensation to the Petitioners by the Opposite
Parties/ State is illegal and in gross violation of Article 14 of the
Constitution of India.
(v) Reliance has also been placed by the learned counsel for the Petitioner
on the judgment dated 30.01.2024 passed by the learned Division Bench
of this Court in W.A. No.1677 of 2022, whereby the order dated
18.10.2022 passed by the learned Single Judge in W.P.(C) No.16845 of
2012 has been confirmed awarding compensation of Rs.10,00,000/-(Ten
Lakhs) due to premature death of a child who was pursuing his studies
at Jawahar Navodaya Vidyalaya, Konark in an untoward incident
occurred while he was playing cricket due to hitting of a cricket bat. In
the said Writ Appeal, the learned Division Bench has taken into account
the judgment dated 13.12.2023 passed by this Court in W.P.(C)
No.21267 of 2014 wherein plethora of judicial pronouncements have
been referred to in order to decide the issue i.e. "whether the
respondent is entitled to compensation or not and under what
circumstances compensation can be awarded".
(vi) In such view of the matter, he submits that the Opposite Parties/ State
may be directed to pay compensation of Rs.5,00,000/- (Rupees Five Lakh
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only) to the Petitioners within a stipulated period for death of their son
Kunal Pradhan.
III. SUBMISSIONS ON BEHALF OF THE OPPOSITE PARTY NO.4/
STATE:
4. In reply, learned counsel for the Opposite Party No.4/ State earnestly
made the following submissions in support of his contentions:
(i) Kunal Pradhan son of the Petitioners a student of Class-III of Project
Upper Primary School, Ranikiari under Bhanjanagar Block died being
injured in the school premises while playing and swing on the door of
an old toilet building wall which collapsed and caused serious injury to
the child. Thereafter, initially he was admitted in the Bhanjanagar Sub-
Divisional Medical Centre for treatment. But, due to his critical
condition, he was referred to M.K.C.G. Medical College and Hospital,
Berhampur. While he was taken to Berhampur, the said child Kunal
Pradhan died on the way on 24.09.2016.
(ii) After the death of the son of the Petitioners, the Headmaster, Project
Upper Primary School, Ranikiari submitted a proposal to the Block
Education Officer, Bhanjanagar for sanction of ex-gratia grant vide his
letter No.187 dated 18.11.2016 which has been forwarded to the
Opposite Party No.4/ District Education Officer, Ganjam, Berhampur
vide letter No.2220 dated 22.12.2016 of Block Education Officer,
Bhanjanagar.
(iii) After due inquiry, the Opposite Party No.3/ Collector and District
Magistrate, Ganjam has sanctioned a sum of Rs.2,00,000/- (Rupees Two
Signature NotLakhs) only for payment of ex- gratia grant in favour of Smt. Runu
Verified
Signed by: BHABAGRAHI JHANKAR
Reason: Authentication
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Pradhan mother of Late Kunal Pradhan towards accidental relief for
students from Students Welfare Fund as per Government Notification
No.V- SME(P)-12/2015-6224, dated 25.03.2015 issued by the School and
Mass Education Department, Odisha. Bhubaneswar. The payment shall
be made on receipt of allotment from the Director, Secondary
Education, Odisha, Bhubaneswar.
(iv) After sanction of the ex-gratia grant by the Opposite Party No.3/
Collector and District Magistrate, Ganjam, the Opposite Party No.4/
District Education Officer, Ganjam, Berhampur has submitted the
proposal to the Director, Secondary Education, Odisha, Bhubaneswar
for placement of allotment of Rs.2,00,000/- for payment of ex-gratia
grant in favour of Smt. Runu Pradhan vide letter No.7717 dated
18.08.2017.
(v) All possible steps have been taken by the Opposite Party No.4/ State for
payment of ex-gratia grant in favour of the mother of the deceased
child. Soon after receipt of the allotment from the Director, Secondary
Education, Odisha, Bhubaneswar steps for payment of ex- gratia grant
will be taken.
(vi) In such premises, it was contended that the claim of the Petitioners for
payment of Rs.5,00,000/- (Rupees Five Lakh only) towards
compensation deserves no merit for consideration and the prayer of the
Petitioners is liable to be dismissed.
IV. COURT'S REASONING AND ANALYSIS:
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5. Perused the materials available on records and considered the rival
submissions made by the learned counsel for the Petitioner and the
learned counsel for the State.
6. Admittedly, eight year old boy named Kunal Pradhan, who was the
only son of the Petitioners, died inside the campus of the Project Upper
Primary School, Ranikiari in the district of Ganjam by falling of an old
toilet wall of the School. Initially, he was admitted in Bhanjanagar Sub-
Divisional Medical Centre for treatment. But, due to his critical
condition, he was referred to M.K.C.G. Medical College and Hospital,
Berhampur. On the way to Berhampur, the deceased child Kunal
Pradhan died on 24.09.2016.
7. Thus, it is evident that the collapse of the toilet building wall on the
fateful day was due to sheer negligence on the part of the Opposite
Parties/ State, who are duty bound to maintain the Project Upper
Primary School, Ranikiari building and its surrounding in a proper
manner. The safety of the children cannot be taken so lightly by the
School authority.
8. It is contended by the Opposite Party No.4/ State that all possible steps
have been taken for payment of ex-gratia grant in favour of the mother
of the deceased child. Soon after receipt of the allotment from the
Director, Secondary Education, Odisha, Bhubaneswar steps for
payment of ex- gratia grant would be taken. No amount of
compensation could wipe out the tear of the parents, yet the
Department has realized that it has done a lien of a benevolent job.
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9. On the other hand, the Petitioners in this case has sought for a direction
to the Opposite Parties/ State to disburse an amount of Rs.5,00,000/-
(Rupees Five Lakh only) towards compensation for the death of their
son. To that effect, the Petitioners also placed reliance on the judgment
dated 30.01.2024 passed by the learned Division Bench of this Court in
W.A. No.1677 of 2022 as stated supra.
As it appears, learned Division Bench while deciding the W.A.
No.1677 of 2022 had taken into account the judgment dated 13.12.2023
passed by this Court in W.P.(C) No.21267 of 2014 wherein numerous
judicial pronouncements have been referred to in order to decide the
issue i.e. "whether the respondent is entitled to compensation or not and under
what circumstances compensation can be awarded" and directed the State
functionary to pay Rs.10,00,000/- (Rupees Ten Lakhs) to the respondent
therein."
10. In this case, though the State functionaries have taken the prompt steps
for payment of ex-gratia grant in favour of the mother of the deceased
child, but they did not take any precautionary step to avoid such
untoward incident. Therefore, a clear case for grant of a decent
compensation is made out instead of ex-gratia grant. The Compensatory
Jurisprudence aims at providing compensation to victims of harm-
typically due to wrongly acts such as negligence, breach of contract or
criminal offences seeking restoration of the original position before the
harm occurred by awarding monetary damages or other forms of
restitution. Though in the present case the original position cannot be
restored. However/ the victim's right to be compensated for losses-
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including physical injury, emotional distress and financial damages can
at least be awarded. The evolution of human rights law and the
recognition of victims' rights have further propelled the development of
compensatory jurisprudence, making it an integral part of the justice
delivery system. By ensuring that victims receive adequate
compensation, we can move towards a more just and compassionate
legal system that truly addresses the needs of those who have suffered
harm like the parents in the present case.
11. In such view of the matter, this Court is inclined to entertain the prayer
of the Petitioners. Accordingly, the State authority is directed to pay
compensation of Rs.8,00,000/- (Rupees Eight Lakhs) in addition to the
ex-gratia amount of Rs.2,00,000/- (Rupees Two Lakhs) already declared
by the District Education Officer.
12. However, in order to ensure the safety of the students in Primary
Schools, Upper Primary Schools and High Schools, it is ordered that:
(i) A District Education Infrastructure Safety Audit Committee has to
be formed in each district headed by the District Magistrate and
Collector along with the members like District Education Officer
and Block Education Officer (s), Executive Engineer of Works
Department and/or R.D. and P.W.D. Departments, Executive
Officer of Municipality and/ or NAC, Block Development
Officer(s) and some of the selected members/ Headmasters of
some High Schools and Head Pandits of some of the Primary
Schools and Upper Primary Schools.
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(ii) Such Committee shall ensure the safety audit of each and every
Schools of the district and issue Safety Certificate to the School
Authority every year in the month of June.
(iii) The District Education Infrastructure Safety Audit Committee
shall meet at least twice a year. The Committee will form Sub-
Committee of Engineers pertaining to the Departments of R.D and
P.W.D. and ensure safety audit of the school infrastructures which
shall recommend for issuance of Safety Certificate to the School
Authority. There shall be a grievance redressal mechanism under
the aegis of District Education Infrastructure Safety Audit
Committee at every block level.
(iv) It is the duty of the School Headmaster of every School to report
to the concerned B.D.O. regarding unsafe wall and scrub up any
school building and the B.D.O. shall immediately take up the
issue before the District Education Infrastructure Safety Audit
Committee so that the issue can be resolved at the earliest
possible. The District Magistrate and Collector shall be the
monitoring authority for the safety of the children to prevent such
kind of mishap in School Campuses.
(v) The School Headmaster and the Block Education Officer will be
held responsible for any kind of mishap due to falling of wall or
roof.
(vi) The School and Mass Education Department shall have a Disaster
Management Team to mitigate any kind of disaster in the form of
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falling of wall, fire or any other kind of calamity faced by the
Schools.
13.The Government has the liberty to improvise the guidelines issued
above or issue a detailed guidelines incorporating some more points
since the aforestated guidelines are only indicative for mitigating the
future mishap. A comprehensive affidavit to be filed by the Secretary,
Department of School and Mass Education, Government of Odisha after
notifying the aforementioned directives to all the districts of the State.
The said exercise shall be completed within three months from today.
14. Accordingly, this Writ Petition is disposed of being allowed.
15. Urgent certified copy of this judgment be issued to the Petitioner and a
free copy of the same be handed over to the learned counsel for the
State.
( Dr. S.K. Panigrahi )
Judge
Orissa High Court, Cuttack,
Dated the 25th June, 2024/ B. Jhankar
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-Jun-2024 17:32:35
