Deonis Keraketa v. The State of Assam and 5 Ors

ORDER Date : 21.08.2023

¶1The instant writ petition has been filed by the Petitioner claiming ex-gratia grant of an amount of Rs.2,00,000/- in terms with the notification dated

15.11.2014.

¶2The facts involved in the instant case is that on 20.06.1998 at about 8:30 PM, two unknown extremists shot Fransis Kereketa (since deceased) who is the father of the Petitioner. Then the Petitioner admitted his father to Choibari Tea Bagan Hospital and later on shifted to Dhubri Civil Hospital for better treatment. Unfortunately, on 22.06.1998, during the course of his treatment, the father of the Petitioner died. In this regard, a case was registered under Chapar P.S. Case No.65/1998.

¶3The case of the Petitioner herein is that the Assam Public Services Page No.# 3/5 (Appointment of Family Members of Persons Killed by Extremists/Terrorists) Rules, 1992 was repealed vide the Government notification dated 22.06.2004.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 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. Page No.# 4/5

¶4The learned counsel for the Petitioner herein submits that on account of his father, the Petitioner has not yet been received any amount from the Government. In terms with the Office Memorandum dated 29.07.2013, the Petitioner is entitled to an amount of Rs.3,00,000/-. The Petitioner thereupon had approached the Respondent Authorities on various occasions but the Petitioner had not been paid the amount of Rs.3,00,000/- for which the instant writ petition has been filed. This Court vide an order dated 23.11.2021 issued Notice.

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

¶6From a reading of various Office Memorandums including the Office Memorandum dated 29.07.2013, the entitlement of the Next of Kin of Late Fransis Kereketa is of an amount of Rs.3,00,000/-. Under such circumstances, if the Petitioner is the Next of Kin of Late Fransis Kereketa, he would be entitled to an amount of Rs.3,00,000/-.

¶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, Dhubri as to the identity of the Petitioner and thereupon after verification, if it is found that the Petitioner is the son of Late Fransis Kereketa and no amount till date have been disbursed to the Next of Kin of Late Fransis Kereketa, the said Authorities shall disburse an amount of Rs.3,00,000/- to the Petitioner.

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

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

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010192782021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6149/2021o DEONISoKERAKETAo S/OoFRANSISoKERAKATA,oVILLAGEoCHOIBARIoTEAoESTATE,oPSoCHAPAR,o POoCHOIBARI,oDISToDHUBRI,oASSAM,o783376 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEo(RoANDoR)oANDoD.MoDEPARTMENT,oDISPURo GUWAHATIo06 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATIo06 3:THEoDEPUTYoCOMMISSIONER oDHUBRI oDHUBRI oCHAPAR oASSAM o783301 4:THEoSUPERINTENDENToOFoPOLICE oDHUBRI oASSAM o783301 5:THEoOFFICERoINoCHARGE oCHAPARoPOLICEoSTATION Page No.# 2/5 DHUBRI CHAPAR ASSAM 783371 6:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE DHUBRI ASSAM 78337 For the Petitioner(s) : Mr. A. Islam, Advocate For the Respondent(s) : Mr. S. Baruah, Government Advocate : Mr. A. Bhattacharjee, SC, Revenue Department BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH