Nilima Gogoi v. The State of Assam and 5 Ors

Page No.# 1/4 GAHC010127272021

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4059/2021 NILIMA GOGOI W/O-LT. PRAFULLA GOGOI, VILL-ULUP, P.O. ULUP, P.S. MARGHERITA, DIST.- TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-6 2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. RELIEF AND REHABILITATION BRANCH DISPUR GHY-06 3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM PERSONNEL (B) DEPTT. DISPUR GHY-06 4:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 5:THE DY. COMMISSIONER TINSUKIA TINSUKIA DIST.- TINSUKIA ASSAM PIN-786125 6:THE CIRCLE OFFICER MARGHERITA REVENUE CIRCLE MARGHERITA DIST.- TINSUKIA ASSAM PIN-78618 For the petitioner(s) : Mr. A.M. Khan, Advocate. For the respondent(s) : Mr. R. Borpujari, Advocate. Page No.# 2/4

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

O R D E R

28.08.2023

¶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 & 14.12.2004 and the Office Memorandum dated

29.07.2013.

¶2The facts involved of the instant case is that the husband of the Petitioner was killed by the extremists. The Petitioner thereupon applied for grant of ex-gratia in terms with the Government Notification No.ABP.181/91/63 dated

08.04.1992 and Memo No.RR.69/95/19 dated 22.09.1997. Thereupon vide an order dated 18.01.2001, an amount of Rs.1,00,000/- was sanctioned in favour of the Petitioner and subsequently the said amount was 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the Assam Public Services (Appointment of Family Members of Persons Killed by Extremists/Terrorists) Rules, 1992 was repealed, vide the Government Notification dated 22.06.2004.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 various measures stated therein in place of the Rules to give relief to the affected family. Amongst the various measures, it was mentioned that there would be an enhancement of ex-gratia Page No.# 3/4 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 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 claims that the Petitioner had already received Rs.1,00,000/-. In terms with the Office Memorandum dated 29.07.2013, the Petitioner is further entitled to an amount of Rs.2,00,000/-. The Petitioner thereupon had approached the Respondent Authorities on various occasions but the Petitioner had not been paid the additional amount of Rs.2,00,000/- for which the instant writ petition has been filed. This Court vide an order dated

24.08.2021 issued Notice.

¶5I have heard the learned counsel for the parties and perused the materials Page No.# 4/4 on record.

¶6Upon a perusal of the materials on record it transpires that the Petitioner had received an ex-gratia payment of Rs. 1,00,000/- on account of her husband Prafulla Gogoi 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 for an additional amount of Rs.2,00,000/- is there and in the instant case the wife of Late Prafulla Gogoi i.e. the Petitioner herein would be entitled to an additional amount of Rs.2,00,000.

¶7Accordingly, the instant writ petition therefore stands disposed off directing the Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department to disburse the additional ex-gratia amount of Rs.2,00,000/- on account of the death of Late Prafulla Gogoi to the Petitioner. The said exercise be completed within a period of 2 (two) months from the date of submission of a certified copy of the instant order along with the Bank details of the Petitioner to the Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department, Guwahati. The Petitioner shall also submit necessary documents identifying her that she is the wife of Late Prafulla Gogoi.

JUDGE Comparing Assistant