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Judgment
Arindam Sinha, J
Mr. Singh, learned advocate appears on behalf of petitioner and submits, petitioners are entitled to compensation and employment for one of them on death of Sukura Singh, who died while on duty as a Grama Rakhi. He relies 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 Rakhi post was under administrative control of District Magistrate and is a civil post. He then relies 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 eligible to compassionate grant. He hands 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. The facts are admitted.
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 may not be extended to petitioners.
There cannot be dispute on the deceased not being a daily rated employee. State is to answer 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.
List on 22nd March, 2022.
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