Partly allowed

Renu Sarmah v. the State of Assam and 6 Ors.

Gauhati HC8 Feb 2019WP(C)/636/2019

Case brief

AI extract

What is this about?

The court dismissed the petitioners contention regarding procedural delays but directed specific respondents to verify and pay the balance enhanced ex-gratia grant to the petitioner within four months.

What did the court decide?

Respondents directed to verify the claim and pay ex-gratia grant of Rs. 2,00,000 to the petitioner within 4 months of receiving a certified copy of this order.

Renu Sarmah Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010016882019

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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) 636/2019

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1:RENU SARMAH

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W/O. LT. TANKESWAR SARMAH, VILLAGE- UDALI NO. 1 (BOKOLIA), P.O.BOKOLIA, P.S. BOKOLIA, DIST.- KARBI ANGLONG, ASSAM. PIN- 782482.

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VERSUS

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1:THE STATE OF ASSAM AND 6 ORS.

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REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. RELIEF AND REHABILITATION BRANCH DISPUR GUWAHATI-06.

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3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL (B) DEPTT. DISPUR GUWAHATI-781006.

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4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-781006.

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5:THE KARBI ANGLONG AUTONOMOUS COUNCIL REP. BY ITS PRINCIPAL SECRETARY DIPHU P.O.- DIPHU

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DIST- KARBI ANGLONG ASSAM. PIN- 782460.

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6:THE DEPUTY COMMISSIONER KARBI ANGLONG DIPHU P.O. AND P.S. DIPHU DIST.- KARBI ANGLONG ASSAM PIN- 782460.

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7:THE CIRCLE OFFICER OF PHULONI REVENUE CIRCLE P.O. AND P.S.- PHULONI DIST.- KARBI ANGLONG ASSAM

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Advocate for the Petitioner : MR. M R KHANDAKAR

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 08-02-2019

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Heard Mr. M. R. Khandakar, learned counsel for the petitioner; Mr. P. S. Deka, learned Standing Counsel, Revenue Department, Govt. of Assam; Mr. P. Nayak, learned Standing Counsel, Finance Department; Mr. N. Goswami, learned Govt. Advocate, Assam; and Ms. S. Kemprai, learned Standing Counsel, Karbi Anglong Autonomous Council (Council).

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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 the balance amount of enhanced ex-gratia grant of Rs.2,00,000.00 on account of death of her son Jun @ Dipak Sarma who was killed by extremists.

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Case of the petitioner is that her son Jun @ Dipak Sarma was killed by extremists on 09.06.2002 in the district of Karbi Anglong, Assam.

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Govt. of Assam in the Relief and Rehabilitation Department sanctioned an amount of Rs.1,00,000.00 on 28.05.2003 as per Government policy then in force as ex-gratia grant which was paid to the husband of the petitioner and father of the deceased, namely, Tankeswar Sarmah @ Mihiram Sarma. Husband of the petitioner Tankeswar Sarmah expired on 05.10.2010.

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Govt. of Assam in the Personnel (B) Department had issued notification dated 22.06.2004 enhancing the ex-gratia grant to family members of persons killed by extremists/terrorists from Rs.1,00,000.00 to Rs.3,00,000.00.

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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 even in case of persons who were killed by extremists/terrorists prior to issuance of the notification dated 22.06.2004 next of kin would be entitled to the enhanced amount of ex-gratia grant minus the amount already paid to them. The aforesaid decision of this Court was implemented by the State by issuance of Office Memorandum dated 29.07.2013.

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Petitioner submitted representation dated 08.03.2018 before the Deputy Commissioner, Karbi Anglong for payment of the balance amount of enhanced ex-gratia grant of Rs.2,00,000.00. However, no decision was taken thereon.

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Hence, the present writ petition.

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After hearing learned counsel for the parties and on due consideration, respondent Nos. 2 and 6 are directed to verify the claim of the petitioner as above and thereafter to take steps for payment of ex-gratia grant of Rs.2,00,000.00 to the petitioner (Rs.3,00,000.00 less Rs.1,00,000.00 already paid to husband to the petitioner). This shall be done 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 disposed of.

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JUDGE

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Comparing Assistant

Renu Sarmah v. the State of Assam and 6 Ors.

Case brief

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Renu Sarmah v. the State of Assam and 6 Ors.

Case brief

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