Sandhya Pathak and 8 Ors v. The State of Assam and 5 Ors

O R D E R

03.06.2024.

Heard Mr. H.R. Ahmed, lerned counsel for the petitioners. Also heard Ms. Page No.# 4/6 U. Das, learned Addl. Senior Government Advocate appearing for the respondent Nos.3, 4, 5 & 6, Ms. T. Hazarika, learned standing counsel for the Revenue & Disaster Management Department, Govt. of Assam for respondent No.1 and Mr. R. Borpujari, learned standing counsel, Finance Department appearing for the respondent No.2. 2) The petitioners have jointly approached this Court raising a grievance with regard to the in-action on the part of the respondent authorities in not releasing to them the ex-gratia amount as payable to the next of kin of persons killed by extremists, in terms of the Notification dated 22.06.2004, read with Office Memorandum dated 29.07.2013. 3) As projected in the Writ Petition, the petitioners are the legal heirs of persons who were killed by extremists prior to 22.06.2004. As per the policy in place prior to 22.06.2004, the petitioners herein and/or their predecessors-in-interest were authorized an ex-gratia of Rs.1,00,000/- (Rupees one lakh), on account of death caused due to extremist violence in case of their close relatives. The Government of Assam, vide Notification dated 22.06.2004, proceeded to enhance the ex-gratia amount payable to the next of kin of a person killed in extremist violence to Rs.3,00,000/- (Rupees three lakhs). The application of the said Notification dated 22.06.2004 was further considered vide Office Memorandum dated 29.07.2013 and in terms thereof, the enhanced ex-gratia amount now brought into force vide Notification dated 22.06.2004, was also extended to the cases of persons killed in extremist violence prior to 2004. 4) The said aspect of the matter as to whether the enhanced ex-gratia amount as brought into effect vide Notification dated 22.06.2004, in the light of the Office Memorandum dated 29.07.2013, would also stand extended to the cases of persons who were killed on account of extremist violence, prior to 2004 Page No.# 5/6 was examined by this Court in a number of Writ Petitions and it was held that the said ex-gratia amount would also apply to the cases of persons who were killed in extremist violence prior to 22.06.2004. 5) It is also stated in the Bar that the petitioners herein would also eligible to receive the said enhanced ex-gratia amount of Rs.3,00,000/- (Rupees three lakhs), after deducting the ex-gratia amount paid to them. However, the learned counsel for the respondents have submitted that prior to release of such amount to the petitioners herein, an inquiry in the matter be directed to be carried out by the jurisdictional Deputy Commissioner. 6) In view of the above position and as agreed to by the learned counsel for the parties, the petitioners herein are directed to submit applications staking a claim for enhanced ex-gratia amount, as brought into force vide the Notification dated 22.06.2004, and also by the Office Memorandum dated 29.07.2013 and by spelling out the requisite details pertaining to date and other particulars of death of the close relatives involved and also bringing on record, the orders passed towards sanctioning of ex-gratia amount in their favour, submit the same before the jurisdictional Deputy Commissioner. The jurisdictional Deputy Commissioner shall thereafter prepare a report in respect of each of the petitioners and forward the same to the Secretary to the Govt. of Assam in the Revenue & Disaster Management Department, Relief & Rehabilitation Branch. On receipt of such proposal from the jurisdictional Deputy Commissioner, in respect of each of the petitioner herein, the Secretary to the Govt. of Assam in the Revenue & Disaster Management Department, Relief & Rehabilitation Branch shall pass a Speaking Order therein and thereby authorize the petitioners, the enhanced ex-gratia amount as brought into force by the Notification dated

22.06.2004. Page No.# 6/6 7) Accordingly, the petitioners shall be released the enhanced ex-gratia amount after deducting the amount already paid, in respect of the death occasioning to the relatives of the petitioners herein, on account of extremist violence. 8) The aforesaid exercise shall be carried out by the jurisdictional Deputy Commissioner as well as by the Secretary to the Govt. of Assam in the Revenue & Disaster Management Department, Relief & Rehabilitation Branch and the Speaking Order be passed with release of the enhanced ex-gratia amount to the petitioners within a period of four months from the date of receipt of a certified copy of this order, along with the representation as required to be filed in the matter, by each of the petitioners herein individually. 9) With the above observations and directions, the Writ Petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010054332017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7502/2017o SANDHYAoPATHAKoando8oORS.o W/OoLT.oPRIYAoPATHAK,oM/OoLT.oAKHILoPATHAK,oR/OoUDALGURIoSTATIONo BLOCK,oPOoandoPS-oUDALGURI,oDISToUDALGURI,oBTC,oASSAM,oPIN-o784509 2:oBIJOYAoDAS oW/OoLT.oKUMUDoDAS oR/OoPURANIoGORAIBARI oPOoandoPSoUDALGURI oDIST.oUDALGURI oBTC oASSAM oPIN-784509 3:oBISHNUoMAYAoPRODHAN oW/OoLT.oDILIRAMoPRODHAN oR/OoNONKEoFUHURABARI oPOoandoPSoUDALGURI oDIST.oUDALGURI oBTC oASSAM oPIN-784509 4:oKULDIPoDEVI oW/OoLT.oKAMALoUPADHAYA oR/OoRANGAoMUKHA oPOoandoPSoUDALGURI oDIST.oUDALGURI oBTC oASSAM oPIN-784509 5:oSHIPRAoGHOSHo@oCHIPRAoGHOSH oW/OoLT.oBIMALoGHOSH oR/OoUDALGURIoSTATIONoBLOCK Page No.# 2/6 PO and PS UDALGURI DIST. UDALGURI BTC ASSAM PIN- 784509 6: MAMTA GHOSH @ SAMATA GHOSH W/O LT. SUDHAN GHOSH R/O UDALGURI LACHIT ROAD W/NO. 1 PO and PS UDALGURI DIST. UDALGURI BTC ASSAM PIN- 784509 7: GOVINDA KAILTA S/O LT. MAHESWAR KALITA R/O NALBARI PART PO and PS UDALGURI DIST. UDALGURI BTC ASSAM PIN- 784509 8: SHYAM BHETWAL S/O LT. PARAMANANDA BHETOWAL R/O BARANGGAJULI KHUTI PO- SUKLAI PS- PANERY DIST. UDALGURI BTC ASSAM PIN- 784509 9: JAYA BORO W/O LT. BHABEN BORO @ BHABEN DEKA R/O NO. 1 UTTAR DIMAKUCHI PO-DIMAKUCHI PO- PANERY DIST. UDALGURI BTC ASSAM PIN- 78450 VERSUS THE STATE OF ASSAM and 5 ORS. Page No.# 3/6 REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, REVENUE R and R and DISASTER MANAGEMENT DEPTT., DISPUR, GHY-6 2:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6 3:THE DEPUTY COMMISSIONER UDALGURI KAJALGAON BTC ASSAM PIN-784509 4:THE CIRCLE OFFICER UDALGURI REVENUE CIRCLE UDALGURI DIST. UDALGURI BTC ASSAM PIN-784509 5:THE CIRCLE OFFICER HARISINGA REVENUE CIRCLE HARISINGA DIST. UDALGURI BTC ASSAM Advocate for the Petitioner : MR.H R AHMED Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR