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2018 DIGILAW 1289 (HP)

Vimlesh v. State Of H. P.

2018-07-12

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT Sandeep Sharma, J. - Petitioner Smt.Vimlesh, on account of death of her husband Shri Chattar Pal, filed a representation before SDO(C), Kullu, District Kullu, H.P. praying therein for grant of ex-gratia payment (Annexure P-1). 2. Though aforesaid application was filed on 13.1.2014, but since no appropriate action was taken by the authority concerned, petitioner approached this Court by way of Civil Writ Petition bearing CWP No.3542 of 2015. This Court vide order dated 26.08.2015 directed the competent authority to consider and decide the petitioner''s representation in accordance with law by affording due opportunity of hearing/representation to the petitioner within a period of four weeks from the date of production of certified copy of the said order. 3. Pursuant to aforesaid direction issued by this Court, SDO(C), Kullu, District Kullu disposed of representation, dated 22.9.2015 having been filed by the petitioner and held the petitioner not entitled for payment of ex-gratia amount on account of death of her husband. SDO(C), Kullu, while arriving at aforesaid conclusion, held that since applicant Smt.Vimlesh belongs to Panchayat Orangabad Kaser, Tehsil Dibri, District Bulandshehar, (UP), no relief can be extended to her being non Himachali, as has been prescribed in Government instruction/notification. Competent authority also took into consideration Notification No.Rev.D(D)1-7/2004, dated 1.10.2010, whereby all the Deputy Commissioners and Sub Divisional Officers of Himachal Pradesh have been directed to grant ex-gratia payment to the families of deceased persons, belonging to State of Himachal Pradesh, who expire due to natural calamities/accidents in the State of Himachal Pradesh. 4. Being aggrieved and dissatisfied with order dated 8.10.2015 passed by SDO(C), Kullu, District Kullu, petitioner has approached this Court in the instant petition, praying therein for quashing the aforesaid order and to issue directions to the competent authority to grant ex-gratia payment to the petitioner on account of death of her husband. 5. Respondent-State, by way of reply, has supported the impugned order passed by SDO(C), Kullu and has reiterated that in terms of Notification issued by Government of Himachal Pradesh, as has been taken note hereinabove, no ex-gratia payment can be granted to the families of deceased persons, who are not the residents of State of Himachal Pradesh. 6. 5. Respondent-State, by way of reply, has supported the impugned order passed by SDO(C), Kullu and has reiterated that in terms of Notification issued by Government of Himachal Pradesh, as has been taken note hereinabove, no ex-gratia payment can be granted to the families of deceased persons, who are not the residents of State of Himachal Pradesh. 6. By way of rejoinder, petitioner has claimed that she as well as her husband have been residing in village Shamshi, Tehsil Bhuntar, District Kullu from the last 20 years and they have their permanent home in the residence of Shri T.P. Singh, Village and Post Office, Shamshi, Tehsil Bhuntar, District Kullu, H.P., who has also tendered an affidavit in support of aforesaid claim of the petitioner. Petitioner has also placed on record Bonafide Himachali Certificate issued by the office of Tehsildar, Bhuntar, District Kullu, certifying therein that the petitioner has been residing in Himachal Pradesh from the last more than 20 years and, as such, has acquired the status of bonafide Himachali. Petitioner has also placed on record Ration Card issued in her name by the Department of Food and Civil Supplies, which further corroborates her version with regard to her permanent house in the State of Himachal Pradesh. 7. Having perused aforesaid documents placed on record, this Court is in full agreement with Shri B.N. Misra, learned counsel for the petitioner that the petitioner, for all intents and purposes, is resident of Himachal Pradesh and, as such, is entitled for ex-gratia payment in terms of Notification issued supra. It would be profitable to take note of the following relevant portion of the aforesaid Notification, whereby all the Deputy Commissioners and Sub Divisional Officers of Himachal Pradesh have been directed to grant ex-gratia payment to the families of deceased persons, belonging to State of Himachal Pradesh, who expire due to natural calamities/accidents in the State of Himachal Pradesh:- "Henceforth the payment of ex-gratia to the families of deceased persons who expires due to natural calamities/accidents be made only in respect of person belonging to State of Himachal Pradesh while in respect of persons belonging to other States, immediate medical help and assistance be provided (Annexure A).)" 8. Careful perusal of the contents of the Notification, as have been reproduced hereinabove, clearly suggest that the persons belonging to the State of Himachal Pradesh shall be entitled for the ex-gratia payment on account of death of family members. In the case at hand it is quiet apparent that the petitioner as well as her husband were residing in the State of Himachal Pradesh for the last more than 20 years and with the issuance of bonafide Himachali Certificate issued by the office of Tehsildar, Bhuntar, District Kullu, H.P. they have acquired the status of bonafide Himachali and, as such, prayer having been made by her for grant of ex-gratia payment on account of death of her husband ought to have been accepted by the competent authority. 9. Leaving everything aside, during proceedings of the case, our attention was invited to communication dated 19.5.2015, issued by Deputy Secretary(Rev-DMC) to the Government of Himachal Pradesh, addressed to all the Divisional Commissioners and Deputy Commissioners in the State of Himachal Pradesh, perusal whereof clearly suggests that Government of India, Ministry of Home Affairs, revised the items and norms for assistance from SDRF/NDRF for the period 2015-2020 and the Council of Minister''s, State of Himachal Pradesh also approved revised norms, as proposed by Government of India, in its meeting held on 6.5.2015. It would be profitable to take note of aforesaid communication alongwith Annexure-F, contents of which are as follows:- "... ... ...I am directed to enclose a photocopy of letter No. 32-7/2014-NDM-1 dated 8th April, 2015 received from the Deputy Secretary to the Govt.of India, Ministry of Home Affairs on the subject cited above and to say that the Government of India has revised the items and norms for assistance from SDRF/NDRF on the same analogy revised norsm have been approved by the Council of Minister''s in its meeting held on 6.5.2015. You are, therefore, requested to take further necessary action as per guidelines issued by the Govt.of India, Ministry of Home Affairs." Annexure-F REVISED LIST OF ITEMS AND NORMS OF ASSISTANCE FROM STATE DISASTER RESPONSE FUND (SDRF) AND NATIONAL DISASTER RESPONSE FUND (NDRF) S. No. ITEM NORMS OF ASSISTANCE (1) (2) (3) 1. (a) Ex-Gratia payment to families of deceased persons. Rs. 4.00 lakh (Four Lakh) per deceased person including those involved in relief operations or associated in preparedness activities, subject to certification regarding cause of death from appropriate authority. (a) Ex-Gratia payment to families of deceased persons. Rs. 4.00 lakh (Four Lakh) per deceased person including those involved in relief operations or associated in preparedness activities, subject to certification regarding cause of death from appropriate authority. Note:- i. This Relief will be provided to all irrespective of their place of residence or nationality. ii. This relief would also be admissible to residents of Himachal Pradesh if they meet with an accident out side the state and where no relief is provided to them. In such case, an application has to be made to the local Sub Divisional Officer (Civil) in whole jurisdiction the dependents reside alongwith relevant documents.The application would be duly supported by an affidavit stating that no relief has been received from the family from the authority where the accident/calamity took place. (b) Ex-Gratia payment for loss of a limb or eye(s). Rs. 59,100/- per person, when the disability is between 40% and 60%. Rs. 2.00 Lakh/- (Two Lakh) per person, when the disability is more than 60%. 10. Careful perusal of aforesaid Annexure-F clearly suggests that as per revised norms, relief shall be provided to all irrespective of their place of residence or nationality. 11. Ms.Rita Goswami, learned Additional Advocate General, while fairly acknowledging factum with regard to issuance of revised norms, contended that it cannot be made applicable in the case of the petitioner as its operation is prospective and not retrospective. 12. We, having carefully perused contents of letter dated 19.5.2015 and enclosed Annexure-F, are not persuaded to agree with the aforesaid contention of Ms.Rita Goswami because there is no specific mention that revised norms shall be applied prospectively. Similarly, aforesaid communication nowhere suggests that Council of Ministers'' in the State of Himachal Pradesh, while revising the norms for assistance of SDRF/NDRF on the analogy of Government of India stipulated that its operation/application shall be prospective. Otherwise also this Court cannot lose sight of the fact that very purpose and intent of Government to allow such norms for assistance is to provide immediate financial help to the families of persons, who die in accident or there has been disability in the motor vehicle accident, SDRF as well as NDRF have been created to provide immediate relief to the families of victim of motor vehicles accidents. Though, as has been noticed hereinabove, we are convinced and satisfied that the petitioner, being bonafide Himachali, is entitled to ex-gratia payment, even then also objection as is being taken by the State of Himachal Pradesh for denying compensation to the petitioner is not tenable in view of aforesaid revised norms issued by the respondents. 13. In view of the discussion made hereinabove, present petition is allowed and order dated 8.10.2015, passed by the SDO(C), Kullu is set aside. SDO(C), Kullu is directed to award ex-gratia payment immediately in favour of the petitioner alongwith interest @ 7.5% from the date she became eligible under the Government Notification. 14. Interim direction, if any, is vacated. All miscellaneous applications are disposed of.