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2014 DIGILAW 732 (ORI)

Ambika Dalai v. State of Orissa

2014-11-10

BISWANATH RATH

body2014
ORDER Heard learned counsel for both the parties. This writ petition has been filed by the wife of the deceased claiming the benefit of ex-gratia on account of death of the deceased in the 1999 Super cyclone. The petitioner in order to justify her claim has produced a death certificate clearly indicating that the death of the deceased occurred on 13.10.1999 being affected by the Super Cyclone. There is no dispute that the Government has granted ex-gratia to the persons who have died on account of super cyclone 1999. In the present case the petitioner has been denied with payment of ex gratia. On the plea of two reports filed at Annexure-A/4 and B/4 which have been prepared on 31.08.2000 and 26.08.2000 respectively. In the report submitted by the Sub-Collector, Jajpur vide Annexure A/4, it appears that the enquiry was conducted ten months after the incident had taken place. The report of at the end of page 2 clearly indicates the recommendation of the Tahasildar, Darpan for grant ex-gratia in favour of the deceased. Similarly the other report also appears to have been prepared after ten months of the incident. Bare looking of the report submitted by the Doctor at Annexure-B/4 it appears that the deceased had died on 31.10.1999. The Doctor has indicated in the certificate that the deceased was a chronic patient of Asthma and was being treated under him since last three years. It is not known how the Doctor has certified on 26.08.2000 though the patient had undergone his treatment being affected by the Super Cyclone on 31.10.1999 on which date of Super Cyclone was on its worst shape. Thus such document cannot be believed. It cannot be claimed that since a person was suffering from Asthma he cannot die out of havoc of Super Cyclone. This is not proper behaviour of the State while dealing with the case of the persons, who have suffered on account of Super Cyclone. I do not find any cogent reason in depriving the petitioner from getting the ex-gratia benefit on account of husband's death in Super Cyclone. Hence, I direct the Collector, Jajpur (opposite party No.3) to consider this case as a case of death on account of Super Cyclone and grant appropriate ex-gratia along with 8% interest from the date of entitlement of the petitioner. Writ petition is disposed of with above direction. Hence, I direct the Collector, Jajpur (opposite party No.3) to consider this case as a case of death on account of Super Cyclone and grant appropriate ex-gratia along with 8% interest from the date of entitlement of the petitioner. Writ petition is disposed of with above direction. Urgent certified copy of this order be granted on proper application.