BADRINATH Vs. STATE OF MP

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by communication dated 17/2/2005 whereby the petitioner has been informed that he is not entitled to any sum of money as compensation under the National Family Scheme on account of the death of his son which occurred due to drowning.

(2.) The brief facts leading to the filing of the petition, according to the petitioner, are that the petitioner's son Santosh who used to live with his maternal grandmother in village Umaria Isha in District Chhindwara, died on account of drowning in the Mayur Jalashay in the forest area of village Umariya Isha on 31/8/2004. The body was picked up and after post-mortem it was found that the son of the petitioner died by drowning. The petitioner applied for compensation on account of the death of his son on 28.9.2004 before the Sub-Divisional Officer and his application claiming compensation was considered by the Collector, Chhindwara. On 29.1.2005 the petitioner's application claiming compensation under Revenue Book Circular, Part VI, Clause 4 was rejected on account of the fact that there is no provision in the RBC for giving compensation for death on account of drowning. Thereafter the petitioner's case was forwarded to the Collector, Hoshangabad for considering his case for grant of relief under the National Family Scheme. The petitioner's case was examined by the Collector, Hoshangabad and untimately his application was rejected by the impugned communication dated 17.2.2005 on the ground that any benefit under the Scheme is available to the head of the family and the person whose name is included in the list of Below Poverty Line (BPL) persons and as the petitioner's son was neither the head of the family nor was his name included in the BPC list, the petitioner was not entitled to any consideration on account of his death by drowning.

(3.) The learned counsel for the petitioner submits that the petitioner is, in any case, entitled to compensation on account of the death of his son under the provisions of RBC as the petitioner's son has died on account of natural calamity and under the National Family Scheme. The petitioner has also filed a copy of the Ration Card issued under the National Family Scheme in support of the contention that the petitioner is enlisted in the BPL list and in the list of the family members the name of his son Santosh is enlisted. In the petition the petitioner seeks a direction to the respondent/authorities to pay compensation to the petitioner on account of the death of his son.