Disposed

Kashem Ali v. the State of Assam and 6 Ors.

Gauhati HC2 Mar 2021WP(C)/1359/2021

Case brief

AI extract

What is this about?

The petitioner, next of kin of a deceased who died in a road traffic accident in public place, filed this writ petition seeking ex-gratia grant of Rs. 2.00 lakhs. The Court held that the petitioner must approach the concerned Deputy Commissioner for the claim and the relief has been disposed of by giving the appellant a direction to the authority to hear the claim.

What did the court decide?

The Court disposed of the writ petition by directing the petitioner to approach the concerned Deputy Commissioner with a claim petition to avail of the ex-gratia benefit; DC to complete enquiry within

Kashem Ali Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010036352021

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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)/1359/2021

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KASHEM ALI S/O- LT. PASU, R/O- VILL- KALBARI GAON, P.O. BHALUKADOBA, P.S. SORBHOG, DIST.- BARPETA, ASSAM, PIN- 781217

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-06

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2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPTT. DISPUR GHY-06 3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 4:THE DY. COMMISSIONER BARPETA ASSAM P.O. AND P.S. AND DIST.- BARPETA ASSAM PIN- 781301 5:THE CIRCLE OFFICER BARNAGAR REVENUE CIRCLE P.O. AND P.S. SORBHOG DIST.- BARPETA ASSAM PIN- 781317

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6:THE SUPERINTENDENT OF POLICE BARPETA ASSAM P.O. AND P.S. AND DIST.- BARPETA ASSAM PIN- 781301 7:THE OFFICER-IN-CHARGE SORBHOG P.S. P.O. SORBHOG DIST.- BARPETA ASSAM PIN- 78131

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Advocate for the Petitioner : MD. I H KHAN

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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 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. 2, Ms. M. Bhattacharjee, the learned Additional Senior Government Advocate, Assam representing the respondent Nos. 1, 4, 5, 6 and 7 and Mr. P. Nayak, the learned Standing Counsel for the Finance Department, Assam representing the respondent No.3.

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The petitioner has claimed Rs. 2.00 lakhs Ex-gratia amount as the next of kin of the deceased son Late Abubakkar Ali who died in a road traffic accident on 29.12.2014 at village Kalbari under Sorbhog Police Station in the district of Barpeta, 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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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. 2 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 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

Kashem Ali v. the State of Assam and 6 Ors.

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Kashem Ali v. the State of Assam and 6 Ors.

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