Sukhadeep Ray v. The State of Assam and 5 Ors

JUDGMENT & ORDER (ORAL)

¶1Heard Mr. S. Sutradhar, learned counsel for the petitioner. Also heard Mr. T. C. Chutia, learned Additional Senior Government Advocate for the State of Assam.

¶2The present writ petition is filed claiming the benefit under Assam Public Services (Appointment of family members of persons killed by extremist/terrorist) Rule, 1992 (for short Rule, 1992). It is the case of the petitioner that on 25.06.2002 at about 06:45 P.M., a grenade was exploded at Mayapuri Tini Ali, Bongaigaon Town by extremists and in the said blast Page No.# 3/5 petitioner's elder brother namely Digamber Ray was gravely injured and subsequently, he succumbed to such injuries and died on 26.06.2002 at Gauhati Medical College Hospital, Guwahati. Accordingly, the petitioner is entitled for benefit under Rules, 1992.

¶3Rule 1992, is made applicable in recruitment to all services and posts under the Government of Assam. Subject to the provision of the Rule, whenever any recruitment to service or post is made, one affected candidate from one family, who applies and is eligible under the normal recruitment rules, shall be given appointment to a Government job, or job under State Government Undertakings/Boards. The aforesaid Rule was subsequently repealed by Notification dated 22nd June, 2004.

¶4Subsequently, another notification was issued by the Government of Assam in Personnel (B) Department wherein certain principles similar to the Rules, 1992 were laid down in the notification dated 22.07.2004, which are quoted herein below:- "1. Preference to Member of the affected families certified as such by competent district authority in recruitments to Govt. and Semi Govt. jobs.

¶2Preference to such certified persons in selection of beneficiaries under self-employment generation schemes of different departments and relied schemes of social welfare etc. Departments.

¶3Enhancement of the ex-gratia amount paid to the next of kin of a person killed in extremist violence to Rs. 3,00,000/- (Three lakhs).

¶4Alternative means of livelihood to families of earning victims of extremist violence to be determined the economic conditions of each family separately. Page No.# 4/5

¶5Free Education to Children of the poor affected families till they become eligible to earn".

¶5Thereafter, yet another Memorandum in this regard was issued on 29th July, 2013. In terms of Clause 5 of said Memorandum, if any person was killed in extremist violence prior to 2004, but whose relatives did not apply for any appointment prior to 22nd June 2004 but had applied after 22nd June, 2004 and may or may not have received ex gratia grant under 2004 notification i.e. Rs. 3.00 lakhs, they shall be given appropriate ex gratia payment as per circular dated 22.06.2004, adjusting the amount already received if any. They shall be further entitled for consideration under the scheme envisaged in the Government Circular dated 22.06.2004.

¶6In terms of the Circular dated 22.06.2004, which are quoted hereinabove read with office memorandum dated 29.06.2013, the petitioner, in the considered opinion of this Court shall be entitled for Rs.

3.00 lakh of ex-gratia payment subject to adjustment of any payment made earlier inasmuch as application was made by the petitioner subsequent to

22.06.2004.

¶7So far coming to the preference to member of affected families certified by the competent district authority in recruitment in Government/Semi Government jobs, in the considered opinion of this Court, same shall be required to be given only when a due selection process is initiated and the affected person participates in such selection and is having required qualification. Therefore, only on apprehension that his case may not be considered or require to be considered, this Court is not inclined to issue a writ of mandamus inasmuch as no right of the petitioner has been violated Page No.# 5/5 till date. A writ of mandamus cannot be issued on apprehended or anticipated action of the State instrumentalities that it will not adhere to their own policy decision in terms of Clause-I of the Notification dated

22.06.2004 as quoted hereinabove.

¶8The petitioner may submit the certified copy of this order before the competent authority i.e. Deputy Commissioner, Bongaigaon for release of ex-gratia payment in terms of the office Memorandum dated 29.07.2013 and in terms of the present order as well as the Notification dated

22.06.2004, if the same is not already granted to the petitioner.

¶9Such exercise shall be carried out within a period of 6 months from the date of receipt of the certified copy of this order and after proper verification that the petitioner is entitled for the benefit under the aforesaid policy decision.

¶10In view of the aforesaid terms, the present writ petition stands disposed of. Parties to bear their own cost. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010187092021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6428/2021o SUKHADEEPoRAYo S/OoSRIoRAMESWARoRAY.o VILLAGEoPURANIoBONGAIGAONo(JOGIPARA)oPOo,oPSoANDoDISTo BONGAIGAON,oASSAM,o783380 VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PERSONNELoB)oDEPARTMENT,oASSAMoSECRETARIATE,oDISPURo GUWAHATIo781006 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM IRRIGATIONoDEPARTMENT oESTABLISHMENToBRANCH oASSAM oSECRETARIAT oDISPURoGUWAHATIo06 3:THEoCHIEFoENGINEER. oIRRIGATIONoASSAM oCHANDMARI oGUWAHATIo781003 4:EXECUTIVEoENGINEER oBONGAIGAONoDIVISIONo(IRRIGATION)oBONGAIGAON oASSAMo783380 5:THEoDEPUTYoCOMMISSIONER Page No.# 2/5 BONGAIGAON PO AND DIST BONGAIGAON ASSAM 783380 6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI ASSAM 78100 Advocate for the Petitioner : Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY For the Petitioner : Mr. S. Sutradhar. Advocate. For the Respondents : Mr. T. C. Chutia, Addll.Sr.G.A. Date of Hearing : 07.12.2023 Date of Judgement : 07.12.2023