AMBIKA DALAI Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for both the parties.

(2.) 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 31.10.1999 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.

(3.) 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.