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HIGH COURT OF ORISSA
R. L. Narasimham, C. J. And P. V. Balakrishnarao, J.
MAYA DUTTA - Appellant
Versus
STATE OF ORISSA - Respondent
O. J. C. 221 Of 1957
Decided On : April 15, 1959
EXTRAORDINARY PENSION - RISK OF OFFICE - ACCIDENT - INTERPRETATION OF RULES - DISCRETION OF GOVERNMENT - MANDAMUS.
Fact of the Case:
Dr. Jagadish Chandra Dutta, a professor at Sriram Chandra Bhanja Medical College Hospital, Cuttack, was killed in a car accident while accompanying the then Chief Minister, Sri Nabakrishna Choudhury, to Dhenkanal to attend to the Chief Minister's wife, who was reported to be seriously ill. The Government sanctioned extraordinary pension to Dr. Dutta's widow and children under the Orissa Civil Services (Extraordinary Pension) Rules, but later cancelled the order on the ground that the circumstances did not justify the conclusion that Dr. Dutta met with his death due to injuries received as a result of risk of office.
Finding of the Court:
The Court held that the accident was a result of 'risk of office' as defined in the Rules, as Dr. Dutta was travelling on duty when the accident occurred. The Court also held that the Government had no jurisdiction to unilaterally cancel the previous order sanctioning the pension, as it was a final order and not a mere tentative decision.
Issues: 1. Whether the accident was a result of 'risk of office' as defined in the Rules? 2. Whether the Government had jurisdiction to unilaterally cancel the previous order sanctioning the pension?
Ratio Decidendi: 1. The Court held that the accident was a result of 'risk of office' as defined in the Rules, as Dr. Dutta was travelling on duty when the accident occurred. The Court relied on the fact that Dr. Dutta was directed by his superior, the Director of Health, to proceed to Dhenkanal to attend to a patient who was reported to be seriously ill, and that he travelled by car accordingly, in obedience to such a direction. The Court held that the risk of travelling by car, though it was common to human existence in modern conditions in India, was definitely enhanced in kind and degree by the nature, conditions, obligations and incidents of his duty as a Government servant. 2. The Court held that the Government had no jurisdiction to unilaterally cancel the previous order sanctioning the pension, as it was a final order and not a mere tentative decision. The Court relied on the fact that the order was communicated to the petitioner and that she had altered her position in view of the order by resigning her job. The Court also held that the Government's subsequent decision to cancel the order was invalid as it was not based on any provision of law.
Final Decision: The Court allowed the petition, quashed the Government's order cancelling the pension, and directed the Government to implement the original order sanctioning the pension to Dr. Dutta's widow and children.
NARASIMHAM, C. J.
( 1 ) THIS is an application under Article 226 of the Constitution by the widow and minor children of the late Dr. Jagadish Chandra Dutta of Sriram Chandra Bhanja Medical College Hospital, Cuttack, challenging the validity of order No. 6890-H dated 11-9-1957 (Annexure 6) issued by the Secretary to the Government of Orissa, Health Department to the Director of Health Services, Orissa, cancelling a previous order of the Government in the same Department, No. 335-H dated 11-1-1957 (Annexure 2) in which extraordinary pension was sanctioned to the widow and children of the late Dr. Dutta under Rule 10 (ii) of the Orissa Civil Services (Extraordinary Pension) Rules (hereinafter referred to as the Rules ).
( 2 ) THE late Dr. Jagadish Chandra Dutta was working as Professor of Pathology in the Sriram Chandra Bhanja Medical College Hospital, Cuttack. He was a close friend of the then Chief Minister Sri Nabakrishna Choudhury and was also Sri Choudhury's family physician.
( 3 ) IN April, 1953 Sri Choudhury's brother-in-law (wife's brother) Sri K. P. Sen, was also stationed at Cuttack as the Director of Posts and Telegraphs. On 10-41953, Sri Choudhury's wife Srimati Malati Choudhury, (who is well known public worker of Orissa) suddenly fell ill while on tour and she was admitted as an indoor patient in the Government Hospital at Dhenkanal (38 miles away from Cuttack) with high temperature. On that day Sri Nabakrishna Choudhury was at Bhubaneswar, busy with the Session of the Orissa Legislative Assembly, The earliest information about the sudden illness of Srimati Malati Choudhury was conveyed to her brother, Sri K P. Sen at Cuttack in the afternoon of 10-4-1953. He tried to contact Sri Choudhury and inform him about his wife's condition butt as the latter was busy with Assembly work he could not contact him at once, (Annexure H-3 ). But Sri Sen contacted Col. Popatla, Director of Health at Bhubaneswar and consulted him as to what was to be done. Col. Popatla suggested that he should take Dr. Jagadish Chandra Dutta, to Dhenkanal immediately for diagnosis and blood examination. Mr. Sen thereupon contacted Dr. Dut (a on the phone and asked him to accompany him to Dhenkanal and also informed him that he had consulted Col. Popatla and that the latter had advised him to take Dr. Dutta with him to Dhenkanal. Thereafter, Sri Sen and Dr. Dutta left Cuttack in Mr. Sen's car. In ithe meantime, Sri Nabakrishna Choudhury at Bhubaneswar had been informed by his Personal Assistant about the action taken by his brother-in-law in contacting the Director of Health and, on his suggestion, arranging to take Dr. Dutta to Dhenkanal, (Annexure H-2 ). At that time, Sri Choudhury had no clear idea about the nature of the illness of his wife, but as it was reported that there was some pain in the abdomen and that she had contracted fever while touring in the Agency tracts he had a suspicion that it might be a case of appendicitis and immediate pathological test was necessary. Dr. Dutta was eminently suited for that purpose and hence he approved the action of Mr. Sen in taking the help of Dr. Duttta. At about 7 P. M. on that day Sri Choudhury left Bhubaneswar for Dhenkanal in a big car and overtook the small car of Sri Sen at Mahanadi anicut. But as ho was very anxious to reach Dhenkanal earlier, he took Dr. Dutta in his car and proceeded ahead leaving Sri Sen to follow in the small car. The car went alt a fairly good speed (about 45 to 50 miles per hour) but after proceeding some distance, there was a turn of the road and when the driver took the turn, he suddenly noticed a barricade on the road about 20 to 30 yards ahead. He tried to stop the vehicle by applying the brakes, but the car swerved to the left, dashed against a tree, took a plunge downwards, and turned turtle. Sri Choudhury, his niece Miss Sen, and the driver escaped with minor injuries, but Dr. Dutta was unfortunately crushed by the weight of the car and was fatally injured. In th
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