Md. Baijuddin Ahmed v. The State of Assam and 6 Ors

ORDER Date : 25.08.2023

¶1The instant writ petition has been filed by the Petitioner claiming an additional enhanced ex-gratia grant of Rs.2,00,000/- in terms with the notification dated 22.06.2004 and the Office Memorandum dated 29.07.2013.

¶2The facts involved in the instant case is that the wife of the Petitioner was killed by extremists. The Deputy Secretary to the Government of Assam, Relief and Rehabilitation Department issued a letter vide Memo No.PR.143/93/46 dated 04.09.1997 to the Deputy Commissioner, Kokrajhar whereby the sanction of Governor of Assam of an amount of Rs.75,000/- was sanctioned and disbursed to the Petitioner.

¶3The case of the Petitioner herein is that subsequent thereto the Assam Public Services (Appointment of Family Members of Persons Killed by Extremists/Terrorists) Rules, 1992 was repealed vide the Government Page No.# 3/5 notification dated 22.06.2004. The Commissioner & Secretary to the Government of Assam, Personnel (B) Department had issued a communication dated 22.06.2004 to all Deputy Commissioners stating, inter alia that the Government had decided to consider the following measures in place of the Rule to give relief to the affected family. Amongst the various measures it was mentioned that there would be an enhancement of ex-gratia amount paid to the next of kin of a person killed in extremist violence to Rs.3,00,000/-. Subsequent thereto, vide another notification dated 14.12.2004 the quantum of the ex-gratia compensation which was Rs.1,00,000/- was increased to Rs.3,00,000/- to the next of kin of persons killed in extremist/terrorist violence in the State on or after 22.06.2004. Subsequent thereto, there was another Office Memorandum issued on 29.07.2013. The said Office Memorandum was issued in pursuance to the direction passed by the Division Bench of this Court in WP(C) No.3355/2007, whereby it was held that application for appointment to Government posts made prior to 22.06.2004 would survive even after coming into force of the new Policy in 2004. In Clause (v) of the said Office Memorandum dated 29.07.2013, it was further stipulated that in case of persons killed in extremist violence prior to 2004 but whose relatives did not apply for any appointment prior to

22.06.2004 and had applied after 22.06.2004 and may or may not have received ex-gratia grant under the 2004 notification i.e. Rs.3,00,000/- they shall be given appropriate ex-gratia payment in terms with the Notification dated

22.06.2004 adjusting the amount already received if any and they shall also be entitled to be considered under the Scheme envisaged in the Government Circle vide Notification dated 22.06.2004.

¶4The Petitioner herein submits that on account of his wife, the Petitioner had already received 75,000/-. In terms with the Office Memorandum dated Page No.# 4/5

29.07.2013, the Petitioner is further entitled to an amount of Rs.2,25,000/-. The Petitioner thereupon had approached the Respondent Authorities on various occasions but the Petitioner had not been paid the additional amount of Rs.2,25,000/- for which the instant writ petition has been filed. This Court vide an order dated 26.03.2021 issued Notice.

¶5I have heard the learned counsel for the parties and perused the materials on record.

¶6Upon a perusal of the materials on record, it transpires that the Petitioner after due verification received an ex-gratia payment of Rs. 75,000/- on account of his wife Late Hajera Bibi being killed by the extremists. From a reading of various Office Memorandums including the Office Memorandum dated

29.07.2013, the entitlement of the Next of Kin is of an amount of Rs.3,00,000/-. Under such circumstances, the Petitioner who has already received Rs.75,000/- would be further entitled to an amount of Rs.2,25,000/-.

¶7Accordingly, the instant writ petition therefore stands disposed of directing the Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department to make necessary verifications through the Deputy Commissioner, Kokrajhar as to the identity of the Petitioner and thereupon shall disburse an amount of Rs.2,25,000/- to the Petitioner.

¶8The said exercise be completed within a period of 3 (three) months from the date of submission of a certified copy of the instant order along with the documents showing that the Petitioner is the husband of Late Hajera Bibi to the Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department, Guwahati. Page No.# 5/5

¶9With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010058782021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2181/2021o MD.oBAIJUDDINoAHMEDo S/O-oLT.oMASERoALI,oVILL-oTUKRAoPT.oIII,oP.S.oAGIA,oDIST.-oGOALPARA,o ASSAMo(PRESENT),oVILL-oISLAMPUR,oP.S.oSIDLI,oDIST-oKOKRAJHAR,o ASSAM,o(PERMANENT) VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM,oDISPUR,oGHY-6 2:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToANDoRELIEFoANDo REHABILITATIONoDEPTT. oDISPUR oGHY-06 3:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToANDoRELIEFoANDo REHABILITATIONoDEPTT. oDISPUR oGHY-6 4:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oPERSONALo(B)oDEPT. oDISPUR oGHY-06 5:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oGHY-6 Page No.# 2/5 6:THE DY. COMMISSIONER KOKRAJHAR P.O. AND P.S. KOKRAJHAR 7:THE CIRCLE OFFICER SIDLI REVENUE CIRCLE DIST.- KOKRAJHA Advocate for the Petitioner(s) : Mr. B. K. Das, Advocate Advocate for the Respondents(s) : Mr. S. Baruah, Government Advocate : Mr. A. Bhattacharjee, SC, Revenue Department BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH