Mukta Sahoo vs State Of Orissa And Others

Arindam Sinha, J

Mr. Sahoo, learned advocate appears on behalf of petitioner and submits, his client is unfortunate mother, who lost her son by accident in his school. The iron get fell on him. His client sought compensation and she has been compelled to move Court.

Mr. Acharya, learned advocate and Standing Counsel appears on behalf of School and Mass Education Department. He had submitted, his client filed counter annexing notification dated 1st October, 2012. He relied on section 32 in Right of Children to Free and Compulsory Education Act, 2009 to submit that the grievance must be referred to the local authority and thereupon decided. Petitioner instead presented the writ petition to Court.

Paragraphs 3 and 4 from order dated 12th July, 2022 are reproduced below.

“3. First two paragraphs from relied upon notification dated 1st October, 2012 are reproduced below.

“The Right of Children to Free and Compulsory Education Act, 2009 provides for children’s right to an education of equitable quality, based on principles of equity and non discrimination. In order to respond the child and to enquire into the complaint relating to child’s rights provided under the Act a grievance redressal mechanism is required to be established.

Section 32 of the Act provides for redressal of grievances relating to rights of a child by the Local Authority within a period of 3 months. The Act has made Local Authority as the grievance redressal agency.”

The child is no more so there is no question of a grievance based on child right arisen for being referred to a local authority within three months.

Mr. Acharya prays for adjournment to submit on notification(s) regarding compensation. Adjournment is granted for the notification(s) to be produced for Court upon copies handed over to Mr. Sahoo.”

Today Mr. Singh, learned advocate and Standing Counsel appears on behalf of the Department and hands up communication dated 7th August, 2012 regarding sanction of ex-gratia assistance out of Chief Minister’s Relief Fund and Notification dated 25th March, 2015 published by authority in Odisha Gazettee Extraordinary, whereby the department notified its scheme, to come into effect on 1st April, 2015 providing for, inter alia, ex gratia grant of Rs.2,00,000/-in case of death or permanent handicap.

Mr. Sahoo in reply relies on order dated 11th April, 2011 made by a Division Bench of this Court in W.P.(C) no.1476 of 2010 (Pratap Kumar Nayak v. State of Orissa and others). He submits, there too a boy student was killed by iron gate of the school having fallen on him. Compensation directed was of Rs.3,00,000/-. He submits further with reference to order dated 13th March, 2015 made by Collector and District Magistrate, Deogarh, there was extract therein from order dated 20th November, 2012 of the Division Bench of this Court dealing with W.P.(C) no.12553 of 2012 (Bikash Das v. State of Orissa and others), whereby there was direction for payment of Rs.5,00,000/- to parents of each deceased child killed by accident of the Anganwadi Center wall falling on them. Mr. Singh replies, the policy by said notification dated 25th March, 2015, taken effect from 1st April, 2015, is in place. Compensation will be paid in accordance therewith. Mr. Sahoo’s rejoinder is that the incident took place in year 2006 and the writ petition was also filed prior to 1st April, 2015 and therefore this case is covered by judgment law and not the policy.

State has not been able to disclose that order dated 20th November, 2012 (supra) was interfered with in appeal or otherwise. Son of petitioner died in year 2006. There can be no application of the policy of said notification dated 25th March, 2015, said therein to come into effect from 1st April, 2015. Death of the boy by accident happened long before. Relied upon communication dated 7th August, 2012 has no application.

The writ petition is allowed. State will pay compensation of Rs.5,00,000/- to petitioner. In event payment is not made within four weeks of communication, the direction will stand modified for payment of compensation at Rs.3,00,000/- along with interest at 5% per annum simple, calculated on from 11th March, 2015 (date of presentation of the writ petition) till date of payment.

The writ petition is disposed of.

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