Allowed

Smti Basanti Deka v. the State of Assam and 4 Ors.

Gauhati HC11 Feb 2019WP(C)/1197/2015

Case brief

AI extract

What is this about?

This Single Judge Bench held that the next of kin of a civilian killed by extremists is entitled to an enhanced ex-gratia grant. The court directed the Deputy Commissioner and the Secretary, Relief and Rehabilitation Department, to pay Rs. 3,00,000.00 to the petitioner within four months.

What did the court decide?

Respondents directed to pay the petitioner an ex-gratia grant of Rs. 3,00,000.00 within four months of receiving the certified copy of this order.

Smti Basanti Deka Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010009832015

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 1197/2015

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SMTI BASANTI DEKA

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W/O LATE DWIJEN DEKA, R/O VILL. BOR BHALUKI, P.S. PATACHARKUCHI, DIST. BARPETA, ASSAM. ON THE DEATH OF HUSBAND OF THE PETITIONER

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER and SECY. TO THE GOVT.OF ASSAM, PERSONNEL B DEPTT., DISPUR, GUWAHATI -6

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2:THE SECY. TO THE GOVT. OF ASSAM RELIEF AND REHABILITATION DEPTT. DISPUR GUWAHATI-6

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3:THE DEPUTY COMMISSIONER BARPETA P.O.BARPETA DIST. BARPETA ASSAM.

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4:THE SUPERINTENDENT OF POLICE P.O. and P.S. BARPETA DIST. BARPETA ASSAM.

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5:THE OFFICER IN CHARGE PATACHARKUCHI POLICE STATION P.O. and P.S. PATACHARKUCHI DSIT. BARPETA ASSAM

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Advocate for the Petitioner : MS.L HAZARIKA

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Advocate for the Respondent : SC, PERSONNEL DEPT.R-1

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 11-02-2019

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Heard Ms. A. Bora, learned counsel for the petitioner and Mr. R. Dhar, learned Govt. Advocate, Assam.

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By filing this petition under Article 226 of the Constitution of India petitioner seeks a direction to the respondents to pay her ex-gratia grant of Rs.3,00,000.00 on account of death of her husband Dwijen Deka who was killed by extremists.

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Case of the petitioner is that on 21.04.2004 at about 3:20 p.m., an encounter took place between army personnel belonging to 24 Punjab C/o 99 APO and a group of ULFA militants in the residence of the deceased. In the encounter, four army personnel were killed and the house owner Dwijen Deka received bullet injuries. He was shifted to Gauhati Medical College and Hospital, Guwahati for treatment on 21.04.2004 itself but later, on 16.06.2004 he succumbed to his injuries. This has reference to Patacharkuchi PS Case No. 74/2004 registered under Sections 120B/121/122/358/326/307/302/379 IPC read with Section 27 (3) of the Arms Act, 1959 and Sections 10/16 of the Unlawful Activities (Prevention) Act, 1967.

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Petitioner is the only legal heir of deceased Dwijen Deka, being his widow. She submitted representation dated 21.09.2004 before respondent No. 3 i.e. Deputy Commissioner, Barpeta for payment of ex-gratia grant as per Government policy. Though there has been some correspondence between the official respondents no ex-gratia grant was paid to the petitioner. Hence, the writ petition.

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This Court by order dated 13.03.2015 had issued notice.

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Respondent No. 3 i.e. Deputy Commissioner, Barpeta has filed affidavit through Sri Bipul Saikia, Sub-Divisional Officer (Sadar), Barpeta. Stand taken in the affidavit is that

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Superintendent of Police, Barpeta and Circle Officer, Bajali Revenue Circle were requested on 23.11.2004 to submit detail report regarding the incident as well as about the next of kin of late Dwijen Deka. However, no report from the said authorities were received. It is admitted that Government circular dated 22.06.2004 covers the case of a civilian killed by extremists. Deceased Dwijen Deka was a muster roll worker in the office of Assistant Executive Engineer, PWD, Pathsala. Therefore, authorities of PWD may consider payment of ex-gratia grant to the petitioner.

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Respondent No. 4, i.e., Superintendent of Police, Barpeta in his affidavit filed on 02.06.2015 narrated the encounter which took place in the house of the deceased. Deceased had led the army personnel into his house when they came under firing by the militants. In the exchange of fire which took place four army personnel and the deceased sustained grievous injuries. The injured army personnel succumbed to their injuries later at Boroma Army Camp. The injured civilian i.e., the petitioner’s husband was immediately shifted to Gauhati Medical College and Hospital, Guwahati for treatment but he succumbed to his injuries on 16.06.2004.

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Submissions made have been considered.

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Government of Assam in the Personnel Department had issued circular dated 22.06.2004 whereby ex-gratia grant paid to the next of kin of a person killed in extremists violence was enhanced from Rs.1,00,000.00 to Rs.3,00,000.00.

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In WP(C) No.3355/2007 (Dhaniswar Basumatary Vs. State of Assam) decided on 09.06.2010, a Division Bench of this Court clarified that even in respect of a person killed by extremists/terrorists prior to 22.06.2004, the next of kin would be entitled to the enhanced exgratia grant minus the amount already paid. This position has been clarified in the subsequent office memorandum of the Govt. of Assam in the Personnel Department dated 29.07.2013 whereunder guidelines have been laid down to process such claims.

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From the narration of facts by respondent No. 4 in his affidavit, it is evident that the deceased Dwijen Deka was killed by extremists along with four army personnel. If that be so then his next of kin would be entitled to payment of ex-gratia grant to the extent of Rs.3,00,000.00 as per the extant Government policy. Petitioner is the widow of late Dwijen Deka and claims to be the only next of kin. She further submits that she had not received any

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ex-gratia grant till date which has not been disputed by the respondents.

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That being the position and on due consideration, respondent Nos. 2 and 3 are directed to pay the ex-gratia grant of Rs.3,00,000.00 to the petitioner within a period of 4 months from the date of receipt of a certified copy of this order.

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Writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Smti Basanti Deka v. the State of Assam and 4 Ors.

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Smti Basanti Deka v. the State of Assam and 4 Ors.

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