Allowed

Shiblal Kuhar v. the State of Assam and 10 Ors.

Gauhati HC1 Feb 2019WP(C)/611/2019

Case brief

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What is this about?

Writ petition filed seeking ex-gratia payment for the petitioner's mother and brother killed in a 1989 bomb blast. Court noted prior payment to a relative and previous Division Bench ruling enhancing the grant limit. Petitioner received a direction to pay the calculated balance from specific respondents.

What did the court decide?

Respondents directed to pay Rs. 6 lakhs (Rs. 5 lakhs balance) to the petitioner within four months of receiving the certified copy.

Shiblal Kuhar Vs the State of Assam and 10… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010010732019

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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) 611/2019

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1:SHIBLAL KUHAR

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S/O- LATE BHULAN KUHAR, VILL- GAURIPUR TOWN, WARD NO. 4, P.O AND P.S- GAURIPUR, DIST- DHUBRI, ASSAM, PIN- 783331

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VERSUS

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1:THE STATE OF ASSAM AND 10 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR, GUWAHATI- 06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DM RELIEF AND REHABILITATION DEPTT DISPUR GHY- 06 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PERSONNEL (B) DEPTT DISPUR GHY- 06 4:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPTT DISPUR GHY- 06 5:THE DEPUTY COMMISSIONER DHUBRI P.O AND P.S- DHUBRI BTAD ASSAM PIN- 783301

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6:THE DEPUTY COMMISSIONER KOKRAJHAR P.O P.S AND DIST- KOKRAJHAR BTAD ASSAM PIN- 783370 7:THE SUPERINTENDENT OF POLICE KOKRAJHAR P.O P.S AND DIST- KOKRAJHAR BTAD ASSAM PIN- 783370 8:THE OFFICER IN CHARGE GRPS N F RAILWAY FAKIRAGRAM DIST- KOKRAJHAR BTAD ASSAM PIN- 783345 9:THE STATION SUPERINTENDENT NF RAILWAY KOKRAJHAR P.O P.S AND DIST- KOKRAJHAR BTAD ASSAM PIN- 783370 10:THE OFFICER IN CHARGE RAILWAY POLICE STATION BONGAIGAON P.O AND DIST- BONGAIGAON ASSAM PIN- 783380 11:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE P.O AND P.S- DHUBRI DIST- DHUBRI ASSAM PIN- 78330

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Advocate for the Petitioner : MR. M HUSSAIN

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 01-02-2019

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Heard Mr. M. Hussain, learned counsel for the petitioner; Mr. N. Goswami, learned Govt. Advocate, Assam; and Ms. N. Bordoloi, learned counsel for the Revenue as well as Finance Departments, Govt. of Assam.

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Having regard to the subject-matter of the writ petition and the order that is proposed to be passed, issuance of formal notice is considered not necessary and the case is taken up for disposal at the motion stage itself.

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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 him the due ex-gratia amount following death of his mother Lakhpatia Devi and brother Kamal Kuhar who were killed by extremists in bomb blast on 20.06.1989.

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Case of the petitioner is that there was a bomb blast at about 1.50 am on 20.06.1989 in the Kokrajhar Railway Station. In the bomb blast, 5 persons died on the spot whereas 16 got injured. Petitioner’s mother Lakhpatia Devi and brother Kamal Kuhar were killed in the said bomb blast. In this connection, Station Superintendent, NF Railway, Kokrajhar lodged first information before the Officer-in-Charge, GRPF, NF Railway, Fakiragram which was registered as Bongaigaon GRPS Case No.81/1989 under various sections of the Explosive Substance Act and the Indian Penal Code read with the provisions of the Terrorist and Disruptive Activities Act which was then in force.

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At the time of the incident, petitioner was a minor, aged about 13 years. He had a minor sister, Manju Kuhar. Father of the petitioner had died earlier.

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It is stated that taking advantage of the tender age of the petitioner and his sister, their cousin brother, i.e., son of maternal uncle Shri Babul Kuhar applied for ex-gratia payment to the Government pursuant to which he was paid ex-gratia amount of Rs.1,00,000.00, firstly Rs.25,000.00 and thereafter the balance amount.

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By notification dated 22.06.2004, Government of Assam in the Personnel (B) Department had enhanced the ex-gratia grant to family members of persons killed by extremists/terrorists from Rs.1 lakh to Rs.3 lakhs.

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A Division Bench of this Court vide judgment and order dated 09.06.2010 passed in WP(C) No.3355/2007 (Dhaniswar Basumatary Vs. State of Assam) held that next of kin of a person who was killed by extremists prior to 22.06.2004 would also be entitled to the enhanced amount of ex-gratia grant of Rs. 3 lakhs. Procedure for payment of enhanced exgratia has been laid down by the Government of Assam in the Personnel Department in the Office Memorandum dated 29.07.2013.

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Thereafter, petitioner submitted representation before the Commissioner and Secretary to the Govt. of Assam, Revenue Department on 06.10.2017 for payment of enhanced exgratia grant on account of death of mother Lakhpatia Devi and brother Kamal Kuhar who were killed by extremists.

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On a query by the Court, learned counsel for the petitioner submits that his sister Smt. Manju Kuhar had given a written undertaking renouncing any claim by her to such ex-gratia payment. It is submitted by learned counsel for the petitioner that office of the Deputy Commissioner, Dhubri had submitted report regarding next of kin of deceased Lakhpatia Devi and Kamal Kuhar to the office of the Deputy Commissioner, Kokrajhar on 26.09.2018 since payment of ex-gratia would now have to be made from the office of the Deputy Commissioner, Kokrajhar.

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After hearing learned counsel for the parties and on due consideration, respondent Nos.2 and 6 are directed to consider the claim of the petitioner as above and after due verification, shall pay the balance ex-gratia amount to the petitioner being the next of kin of deceased Lakhpatia Devi and Kamal Kuhar, i.e., Rs.6 lakhs (Rs.3 lakhsx2) less Rs.1 lakh already paid to Shri Babul Kuhar (Rs. 5 lakhs). This shall be done within a period of four months from the date of receipt of a certified copy of this order.

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Writ petition is disposed of.

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JUDGE Comparing Assistant

Shiblal Kuhar v. the State of Assam and 10 Ors.

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Shiblal Kuhar v. the State of Assam and 10 Ors.

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