WRIT PETITION 3157/2008 on 10 October 1998

WP(C) 3157/2008BEFORE

THE HON’BLE MR. JUSTICE B.K. SHARMABy means of this writ petition, the petitioner has prayed for compensation amount of Rs. 4,00,000/- on account of death of her husband on 10.10.1998 while he was on Government duty. As claimed in the writ petition, the husband of the petitioner was killed by extremist. Pursuant to such death of her husband, the petitioner was paid Rs. 1,00,000/-. However, referring to the Government order dated 6.11.1997, it is the case of the petitioner that she is entitled to receive Rs. 5,00,000/- deducting the earlier amount of Rs. 1,00,000/-.I have heard Mr. A.K. Hussain, learned counsel for the petitioner as well as Mr.L.N. Dihingia, learned State Counsel.Mr. Dihingia, learned State Counsel submits that the petitioner is not entitled to receive any further amount except the amount of Rs. 1,00,000/-, which have already been paid to her. On the other hand, Mr. Hussain, learned counsel for the petitioner submits that in terms of the policy decision of the Government, the petitioner is entitled to balance amount of Rs. 4,00,000/-.As per the affidavit filed by the respondent No. 3, the petitioner is not entitled to receive any further amount on account of death of her husband. In this connection, the averments made in paragraphs-4, 5 and 6 in the counter affidavit are reproduced below:

4. That the deponent begs to state that OM No. FMP.13/85/70 dated 16.11.1997 specifically provides ex-gratia to the Assam Police, CPMP, Army, Assam Rifles, Home Guards and Police Forces of other States involved in counter-insurgency operation in Assam and killed or injured in course of counter-insurgency operation shall be paid Ex-gratia to the personnel of the force.Here in the case, the husband of the petitioner who was working as water carrierin the department of forest under the AFPF was killed by the extremist on 10.10.1998. The post of water carrier in AFPF under the Forest department is nto a police force as defined in the OM No. FMP.13/85/70 dated 16.11.1997 and therefore is not covered under this O.M. and is not entitled to get Rs. 5 lakhs. Whatever the Rule was in forced at the time of her husband killing i.e. APS Rule 1992, the case of the petitioner for granting Ex-gratia was considered and accordingly Rs. 1 lakh as Ex-gratia grant to the petitioner was duly paid. It is pertinent tomention herein that the APS Rule, 1992 was repealed in the year 2004 wherein Ex-gratia grant of Rs. 1 lakh enhanced to Rs. 3 lakhs then also the petitioner is not entitled to Rs. 3 lakh since the ex-gratia grant of Rs. 1 lakh under the APSRule, 1992 was considered and paid.

5. That the deponent begs to state that the petitioner’s claim for payment of Ex-gratia grant of Rs. 5,00,000/- (Rupees Five Lakhs) does not cover under the provision of the Assam Public Service (APS) Rules, 1992 which was subsequently modified by Govt. vide Circular No. ABP.121/92/Pt.V/136, dated 22.6.2004, wherein the ex-gratia grant. Amount enhanced to the next of kin of person killed by the extremist to Rs. 3,00,000/- (Rupees three lakhs).

6. That the deponent begs to state that in terms of the judgment and order dated2.4.2008 passed by the Hon’ble Gauhati High Court in WP(C) No. 6283/2007 preferred by the petitioner Smt. Jaya Bora, the Principal Chief Conservator of Forests, Assam after careful examination of the relevant records/observation/findings, the petitioner’s claim was dismissed vide his order issued under Memo No. FE.1/WP(C) No. 6283/2007 dated 15.5.2008. —

In view of the aforesaid specific stand of the respondents and without expressing any opinion on the merit of the case of the petitioner, the writ petition is disposed of directing the respondents to examine the claim of the petitioner and pass appropriate order taking note of all the attending facts and circumstances and in accordance with law as expeditiously as possible, preferably within threemonths. Whatever may the outcome of consideration of the case of the petitioner, the same shall be communicated to her.