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New Indian Express
19-07-2025
- New Indian Express
Orissa High Court orders compensation for workers killed in 2013 landslide
CUTTACK: In a significant ruling, the Orissa High Court has quashed the orders of the Nayagarh collector rejecting ex gratia compensation claims filed by the families of two labourers who died in a tragic landslide during road construction work in 2013. The court also directed the state government to pay compensation of Rs 1.50 lakh each to the bereaved families within two months, with 12 per cent annual interest for any delay beyond the stipulated period. Justice Aditya Kumar Mohapatra delivered identical judgments on July 10 in two separate petitions filed by the families of the deceased Taleswar Jani and Krushna Chandra Mallik. The petitions were moved challenging the collector's rejection of their compensation applications dated June 17, 2022. The deceased, Jani and Mallik, had been engaged in a road construction project in Sirikibadi village under Banigochha police station in Nayagarh district. On July 17, 2013, while work was underway, a sudden landslide triggered by heavy rainfall claimed their lives on the spot. However, the collector had rejected the families' compensation requests, citing that the rainfall on the day of the incident did not meet the threshold required under the Odisha Relief Code for compensation due to natural disasters. The court ruled that the bereaved families are fully entitled to ex gratia compensation under the Odisha Relief Code. It directed the state to release `1.50 lakh to each family along with interest from the date of their applications. Failure to comply within two months would attract an interest penalty of 12 pc per annum.
Time of India
18-07-2025
- Time of India
HC orders state to pay Rs 1.5L ex gratia to kin of 2 workers killed in 2013 landslide
1 2 3 Cuttack: Orissa high court has ordered the state govt to pay Rs 1.5 lakh each as ex gratia along with interest to the families of two labourers who died in a landslide in Nayagarh in 2013, quashing the district administration's decision to deny the relief. Justice Aditya Kumar Mohapatra, while delivering the judgments on July 10, ruled in favour of the families of Taleswar Jani and Krushna Chandra Mallik, who were killed while working on a road construction project in Sirikibadi village under Banigochha police station limits on July 17, 2013. Both were buried alive in a sudden landslide during heavy rainfall. However, the Nayagarh collector rejected their families' applications for compensation on June 17, 2022, citing that rainfall on the day of the landslide was below the "standard threshold" prescribed under the Odisha Relief Code. Calling the rejection "highly arbitrary and unreasonable", the court observed, "Having such a condition as a yardstick to grant compensation is irrational. The state, being a welfare state, must act fairly and reasonably. Viewed from a constitutional perspective, the rejection cannot be justified as being in public interest." The petitions were filed by Jani's wife, Surama Jani, and son, Jayram Jani, and Mallik's wife, Rasana Mallik, and daughter, Ranjita Mallik. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Learn How To Write Faster for Work (Find Out Now) Grammarly Learn More Undo The court held that the cause of death — a landslide — was undisputed, and that compensation under the relief code was applicable. "The impugned orders rejecting the claim of the petitioners are hereby quashed," the order stated. The state has been directed to pay Rs 1.5 lakh to each family, along with interest calculated from the date of their application. The amount must be paid within two months of receiving a certified copy of the judgment. In case of delay, an interest of 12% per annum will be levied until full payment is made. Legal experts said the ruling underscores the need for humane and rational application of disaster relief policies and may have wider implications for similar cases pending across the state.
Time of India
15-06-2025
- Health
- Time of India
HC notice AHPGIC director on recruitment to assistant prof posts
Cuttack: Orissa high court has issued notice to the director of Acharya Harihar Post Graduate Institute of Cancer (AHPGIC), Cuttack, in response to a petition challenging the advertisement issued on May 28 for recruitment to 17 assistant professor posts in six superspecialty disciplines at the institute. While allowing the recruitment process to go ahead, the vacation bench of Justice Aditya Kumar Mohapatra restrained authorities from finalising appointments without its permission and posted the matter for hearing in the week commencing August 4. The court's direction came while hearing a petition filed by Dr Paresh Chandra Mohanta, an assistant professor in the department of TB at MKCG Medical College and Hospital, Berhampur, and four others. Their petition alleged that the selection process outlined in the advertisement is in violation of the Odisha Medical Education Service (Method of Recruitment and Conditions of Service) Rules, 2021, and the institute's own bye-laws. Appearing on behalf of the petitioners, advocate Jitendra Kumar Lenka argued that appointments made in violation of statutory recruitment rules are "null and void from the beginning," as consistently held by the Supreme Court. Lenka sought the quashing of the impugned advertisement and directions for issuing a fresh one in line with statutory rules and bye-laws of AHPGIC. Taking cognizance of the matter, Justice Mohapatra directed the director of AHPGIC to file an reply within two weeks, and two weeks thereafter for any rejoinder by the petitioner. The advertisement, issued on May 28, proposed selection based solely on marks — 40% weightage on MBBS marks for candidates who completed their post-graduation before 2016/2017, and 20% marks from PG. However, as per Clause 4 of the Odisha Medical Education Service Rules, recruitment to the post of assistant professor in superspecialty disciplines must be conducted through a written exam.
