वैभवशाली भजन गायिका के निधन पर सेंसेशनल वीडियो हुआ वायरल। (Translation: Sensational video goes viral on the demise of renowned Bhajan singer)
Table of Contents
Petitioners in the case of Shantilata Barik And Others vs Secy. Home Affairs Dept. Bbsr
In this case, Shantilata Barik and others are the petitioners who are seeking compensation and employment for the death of their family member, Sukura Singh. Sukura Singh was working as a Grama Rakhi and died while on duty. The petitioners argue that they are entitled to compensation and employment based on a Division Bench judgment in the case of Niranjan Nayak vs. State of Odisha, where it was stated that the Grama Rakhi post is under the administrative control of the District Magistrate and is considered a civil post.
Basis of claim for compensation and employment by the petitioners
The basis of the petitioners’ claim for compensation and employment is the death of Sukura Singh while on duty as a Grama Rakhi. They argue that under the Odisha Civil Services (Compassionate Grant) Rules, 1964, the family of a government servant is eligible for compassionate grant in case of the government servant’s death. They rely on Rule 3 of these rules, which provides for entitlement to compassionate grant, to support their claim.
Division Bench judgment relied on by Mr. Singh to support his argument
Mr. Singh, representing the petitioners, relies on a Division Bench judgment in Niranjan Nayak vs. State of Odisha to support his argument regarding compensation and employment for the petitioners. This judgment states that the Grama Rakhi post is under administrative control of the District Magistrate and is considered a civil post. Mr. Singh argues that this judgment establishes that Sukura Singh’s family should be eligible for compensation and employment following his death while on duty as a Grama Rakhi.
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4. Position of Grama Rakhi under administrative control according to the mentioned judgment
In the mentioned judgment, Mr. Singh argues that the position of Grama Rakhi is under the administrative control of the District Magistrate and is considered a civil post. This argument is based on a Division Bench judgment of the court in Niranjan Nayak vs. State of Odisha, reported in 2007 (II) OLR 197. The court had stated in paragraph 6 of this judgment that the Grama Rakhi post falls under the administrative control of the District Magistrate.
Argument by Mr. Singh:
– Grama Rakhi post is under administrative control of District Magistrate
– It is considered a civil post
– Cites Niranjan Nayak vs. State of Odisha judgment as precedent
Argument by Mr. Sharma:
– Does not agree with Mr. Singh’s argument
– States that there is no provision available to provide compensation to petitioners
– Argues that deceased was not serving as a regular employee
5. Rule referred to by Mr. Singh regarding compassionate grant for government servants
Mr. Singh refers to Rule 1(3) in the Odisha Civil Services (Compassionate Grant) Rules, 1964 to support his argument for compensation and employment for one of the petitioners on the death of Sukura Singh, who died while on duty as a Grama Rakhi. Rule 1(3) states that these rules apply to all State Government servants, including work charged job-contract and contingency-paid employees other than daily rated employees.
Provisions in Rule 1(3):
– Applies to all State Government servants
– Includes work charged job-contract and contingency-paid employees
– Excludes daily rated employees
6. Provision of Rule 3 of the Odisha Civil Services (Compassionate Grant) Rules, 1964
Rule 3 of the Odisha Civil Services (Compassionate Grant) Rules, 1964 provides for the entitlement of the family of a Government Servant to be eligible for compassionate grant. This rule outlines the criteria and conditions under which the family of a deceased Government servant may receive compensation.
Provisions in Rule 3:
– Entitlement of the family of a Government Servant
– Eligibility for compassionate grant
– Criteria and conditions for receiving compensation
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7. Rate of compensation resolved by the Government of Odisha for a government servant who died while on duty
According to the resolution dated 21st June, 2010, passed by the Government of Odisha, Finance Department, the rate of compensation for a government servant who died while on duty is Rs.4,00,000/-. This resolution applies to all State Government servants, including work charged job-contract and contingency-paid employees other than daily rated employees. It is important to note that the deceased in this case died during night patrolling in a road accident. The fact that the deceased was a government servant and died while on duty is admitted by both parties. Therefore, based on the resolution and circumstances of the case, it can be argued that the petitioners are entitled to compensation.
Rate of Compensation Resolution (21st June, 2010)
– The rate of compensation for a government servant who died while on duty is fixed at Rs.4,00,000/-.
– This resolution applies to all State Government servants except daily rated employees.
– The resolution was passed by the Finance Department of the Government of Odisha.
Death during Night Patrolling
– The deceased government servant in this case died during night patrolling.
– The cause of death was a road accident.
– Both parties have admitted these facts.
8. Cause of death for the deceased in this case
The cause of death for the deceased government servant in this case was a road accident. It occurred while the deceased was engaged in night patrolling as part of their duties. This fact has been acknowledged and accepted by both parties involved in the case.
Road Accident During Night Patrolling
– The deceased government servant died due to a road accident.
– The accident took place during night patrolling duty.
– These facts have been admitted by both parties.
9. Argument put forth by Mr. Sharma, representing the State, regarding compensation for the petitioners
Mr. Sharma, who is representing the State, argues that there is no provision available to provide compensation to the petitioners. He contends that since the deceased was not a regular employee and did not fall under the scheme of rehabilitation assistance, the petitioners may not be eligible for compensation. This argument raises a question about whether the rules of 1964 apply to the deceased government servant or not. If it is determined that the rules do apply, then based on the resolution dated 21st June, 2010, a compensation amount of Rs.4,00,000/- should be paid.
No Provision for Compensation
– According to Mr. Sharma’s argument, there is no provision in place to provide compensation to the petitioners.
– The argument is based on the fact that the deceased government servant was not a regular employee and therefore may not be eligible for compensation.
– It raises a question about whether the rules of 1964 apply to the deceased or not.
10. Next hearing listed in this case
The next hearing in this case has been scheduled for 22nd March, 2022. This hearing will likely address the questions raised regarding eligibility for compensation under Odisha Civil Services (Compassionate Grant) Rules, 1964 and whether the resolution dated 21st June, 2010 applies to the deceased government servant.
Next Hearing:
Date: 22nd March, 2022
Santilata Barik, the renowned Bhajan singer, has tragically passed away. Her soulful voice touched the hearts of many, leaving an indelible mark on our cultural heritage. As news of her demise spreads through a viral video, we mourn the loss of this talented artist. May her songs continue to inspire and uplift us in her eternal absence. Rest in peace, Santilata Barik.