Petitioner, wife of a victim of extremist violence, sought enhanced ex-gratia compensation. Court directed specific respondents to verify her genuine claim and direct balance of Rs. 2 lakhs payment within eight weeks.
Direct respondent Nos. 2 and 6 to verify petitioner's claim and pay balance of Rs. 2 lakhs within 8 weeks if genuine.
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GAHC010200752017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5279/2017
AMUDI BALA ROY
W/O. LT. RAMESH CH. ROY, VILL. GARDENPUR, P.O. GURUFELLA, P.S. KACHUGAON, DIST. KOKRAJHAR, BTAD, ASSAM, PIN-783360.
VERSUS
THE STATE OF ASSAM and 6 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY.781006.
2:THE COMM. and SECY. TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPTT. RELIEF and REHABILITATION BRANCH DISPUR GUWAHATI-781006.
3:THE COMM. and SECY. TO THE GOVT. OF ASSAM
PERSONNEL B DEPTT. DISPUR GUWAHATI-781006.
4:THE COMM. and SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT. DISPUR GUWAHATI-781006.
5:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY THE PRINCIPAL SECRETARY
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KOKRAJHAR DIST. KOKRAJHAR BTAD ASSAM PIN-783370. 6:THE DY. COMMISSIONER KOKRAJHAR P.O. and P.O. KOKRAJHAR DIST. KOKRAJHAR BTAD ASSAM PIN-
7:THE CIRCLE OFFICER GOSSAIGAON REVENUE CIRCLE
P.O. GOSSAIGAON DIST. KOKRAJHAR BTAD ASSAM PIN-783360
Advocate for the Petitioner : MR.M R KHANDAKAR
Advocate for the Respondent : SC, FINANCER-4
BEFORE
HON’BLE MR. JUSTICE SUMAN SHYAM
10.12.2020
Heard Mr. MR Khandakar, learned counsel appearing for the petitioner. Also heard Ms. K Phukan, learned Govt. Advocate, Assam appearing for respondent Nos.1, 3, 6 and 7, Mr. A Chaliha, learned Standing Counsel, Finance Department appearing for respondent No.4, Mr. BJ Talukdar, learned Standing Counsel, Revenue Department appearing for respondent No.2 and Mr. S Bora, learned Standing Counsel, appearing for respondent No.5.
The petitioner’s husband, namely, Late Ramesh Ch. Roy was killed in extremist violence. As per the Government policy in vogue, a sum of Rs.1 lakh as ex-gratia compensation, was paid to the petitioner. However, by the subsequent notifications dated 22.6.2004 and
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14.12.2004, the amount of ex-gratia compensation had been enhanced from Rs.1 lakh to Rs.3 lakhs by giving preference to the victim’s family of the government and semi government service holders. By the order dated 9.6.2010 passed in WP(C) 3355/2007, the Division Bench of this Court had also held that victim’s family would be entitled to enhanced ex-gratia compensation after adjustment of the amount already paid. The petitioner herein had received pre-enhancement amount of Rs.1 lakh. The present petition has been filed seeking a writ of mandamus directing the respondent Nos.2 and 6 to make payment of the balance amount of Rs.2 lakhs, which she claims to be entitled to as per the scheme in vogue.
The learned departmental counsel submits that instructions are still awaited. This writ petition pertains to the year 2017 and the matter has been pending for disposal before this Court for more than past 3 years. Moreover by a series of orders passed by this Court, similar writ petitions have been disposed of by issuing direction to verify the claim of the petitioners and take steps for making necessary payment.
Under the circumstances, I am of the opinion that no practical purpose would be served by keeping this writ petition pending. As such this writ petition is disposed of by directing the respondent Nos.2 and 6 to verify the claim of the petitioner and if found to be genuine, the balance amount of Rs.2 lakhs would be paid to her within a period of 8 (eight) weeks from the date of receipt of a certified copy of this order.
The respondent Nos.4 and 5 to render necessary cooperation for implementation of this order.
The writ petition stands disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the State authorities are directed to verify the petitioner's claim and pay the balance enhanced ex-gratia compensation.
Whether the petitioner entitled to remitting victim of extremist violence gets balance amount of Rs. 2 lakhs from Rs. 3 lakhs enhanced scheme.
Whether the writ petition disposed directing respondent to pay certain balance amount within prescribed time.
Amudi Bala Roy
The State of Assam
The Commissioner and Secy. to the Govt. of Assam (Revenue and Disaster Management Deptt.)
The Commissioner and Secy. to the Govt. of Assam (Personnel B Deptt.)
The Commissioner and Secy. to the Govt. of Assam (Finance Deptt.)
The Bodoland Territorial Council
Suman Shyam
As recorded by the court registry
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