Disposed

Fuljan Khatun Bibi v. the State of Assam and 7 Ors.

Gauhati HC2 Mar 2021WP(C)/1354/2021

Case brief

AI extract

What is this about?

In a writ petition seeking Rs. 2 lakhs ex-gratia relief for the death of her husband in a road traffic accident, the Gauhati High Court directed the petitioner to approach the concerned Deputy Commissioner. The Court outlined a procedure for the official to verify the public nature of the accident site and claimant status before recommending the grant to the Government for sanction.

What did the court decide?

Direction to the petitioner to approach the Deputy Commissioner for the grant claim and directions for the Collector to complete the enquiry within 60 days.

Fuljan Khatun Bibi Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010035352021

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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)/1354/2021

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FULJAN KHATUN BIBI

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W/O- LT. JAHIRUL ISLAM, VILL- BANIAMARI PART-III, P.O. BAGRIBARI, P.S. GAURIPUR DIST.- DHUBRI, ASSAM, PIN- 783349

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPTT., DISPUR, GHY-06

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2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 3:THE DY. COMMISSIONER DHUBRI ASSAM P.O. AND P.S. AND DIST.- DHUBRI ASSAM PIN- 783301 4:THE DY. COMMISSIONER KAMRUP (R) AMINGAON ASSAM PIN- 781031 5:THE CIRCLE OFFICER ATHANI REVENUE CIRCLE P.O. BAGRIBARI

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P.S. GAURIPUR DIST.- DHUBRI ASSAM PIN- 783349 6:THE SUPERINTENDENT OF POLICE KAMRUP (R) AMINGAON ASSAM PIN- 781031 7:THE OFFICER-IN-CHARGE PALASHBARI P.S. P.O. PALASHBARI DIST.- KAMRUP (R) ASSAM PIN- 781122 8:THE SUPERINTENDENT OF GAUHATI MEDICAL COLLEGE AND HOSPITAL BANGAGARH DIST.- KAMRUP (M) ASSAM GHY-0

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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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HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

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ORDER

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02.03.2021

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Heard Mr. M. Hussain, the learned counsel for the petitioner. Also present Mr. P. S. Deka, the learned Standing Counsel for the Revenue and Disaster Management Department, Assam representing the respondent No. 1, Ms. M. Bhattacharjee, the learned Additional Senior Government Advocate, Assam representing the respondent Nos. 3, 4, 5, 6, 7 and 8 and Mr. P. Nayak, the learned Standing Counsel for the Finance Department, Assam

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representing the respondent No.2.

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The petitioner has claimed Rs. 2.00 lakhs Ex-gratia amount as the next of kin of the deceased husband Late Jahirul Islam who died in a road traffic accident on 07.01.2019 at Sarpara on 37 No. National High Way under Palashbari Police Station in the district of Kamrup (Rural), Assam which took place in public places. The claim of the petitioner is based on the Notification dated 15.11.2014 bearing No. RR.33/2014/66 issued by the Additional Chief Secretary to the Government of Assam, Revenue & D.M. Department which is reproduced herein below:-

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“No. RR.33/2014/66 Dated Dispur, the 15^th November, 2014.

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NOTIFICATION

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The Governor of Assam is pleased to revise the quantum relief in respect of persons who were killed/injured due to extremist violence/terrorist violence/acts of miscreant/communal violence/ethnic violence/group clash/firing of security forces/accident etc., who were kidnapped/abducted by extremist/terrorist/miscreants and whose dwelling houses are fully burnt/damaged whether due to acts of extremist/terrorist/miscreants or during communal violence/ethnic violence/group clash.

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This notification shall come into force with immediate effect.

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The revised rates shall be applicable in respect of the incidents, which may occur in the State as on or after the date of issue of the notification in super session of the previous

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notifications in this regard. The incidents prior to 15^th November, 2014 will be governed by the O.M./notifications relevant to the period concerned.

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SL	Nature of Incident	Quantum of relief
No
3.	Ex gratia to the NOK, of person killed due to	Rs.2,00,000.00
	accident in public places or in public carriers (other than killed by extremist/terrorist/miscreants and due to the firingof securityforces)

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Sd/-

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Additional Chief Secretary,

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Revenue & D.M. Department”

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A confusion arose as to the definition of the “public places’ referred in the aforesaid Notification dated 15.11.2014.

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The Notification Dated 15.10.2014 bearing No. R.R.94/2003/288 issued by the Additional Chief Secretary to the Govt. of Assam, Revenue & Disaster Management Department, Relief & Rehabilitation Branch, Dispur which defines the word “public places” extracted herein below:-

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No. R.R.94/2003/288 Dated Dispur, the 15^th October/2014.

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Notification

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In partial modification of Clause-“C” of the Department’s Notification No. R.R.86/2005/22, dtd 24.04.2007, the Governor of Assam is pleased to decide that only Next of Kin of persons killed in public places shall be entitled for ex-gratia grant as per norms.

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The work ‘public place’ will mean any street, alley, park, public building, any place of business or assembly open to or frequented by the public or any other place, which is open to the public view or to which public has access.

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This Notification will come into force with immediate effect.

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Sd-/

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(S.C.Das, IAS)

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Additional Chief Secretary to the Govt. of Assam

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Revenue & Disaster Management Department,

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Relief & Rehabilitation Branch, Dispur”.

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Considering the aforesaid stand of the Government read with the Notifications, I dispose of this writ petition. The petitioner seeking for the benefit under the Notification dated 15.11.2014 or any amendments subsequent thereto i.e. for ex-gratia grant of Rs. 2.00 lakhs shall approach the concerned Deputy Commissioner. On receipt of such claim petition the concerned Deputy Commissioner shall make an enquiry whether the accident took place in the public place on the basis of the investigation report by the jurisdictional police officials and any of the required criteria in the Notification dated 15.11.2014 including the status of the claimants as the next of kin of the deceased and once the satisfaction is drawn, necessary proposal from the concerned Deputy Commissioner shall be sent to the respondent No. 1 i.e. the Commissioner & Secretary to the Government of Assam, Revenue (Relief & Rehabilitation ) and Disaster Management Department, Dispur, to accord sanction of the exgratia grant to the next of kin of the deceased in the light of the Notification dated

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15.11.2014 read with the Notification dated 15.10.2014. On receipt of the sanction order, the Revenue and Disaster Management Department, Government of Assam shall take necessary steps towards disbursal of the said amount to the petitioner. It is pointed out that the enquiry required to be carried out by the concerned Deputy Commissioner shall be completed within a period of 60 days from the date of receipt of the claim petition with a further extension of 30 days if the situation demands but supported by reasons thereof.

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With the said direction and observation this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Fuljan Khatun Bibi v. the State of Assam and 7 Ors.

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Fuljan Khatun Bibi v. the State of Assam and 7 Ors.

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