Disposed

Doli Kalita @ Doli Deka v. the State of Assam and 3 Ors.

Gauhati HC2 Jun 2022WP(C)/5753/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought ex-gratia relief under a State Government notification for her deceased husband who died in a road traffic accident. The Court directed the petitioner to file a representation along with relevant documents to enable the authorities to consider her claim.

What did the court decide?

Petitioner directed to submit a representation for ex-gratia claim along with death and next of kin certificates before the authority by 23.06.2022.

Doli Kalita @ Doli Deka Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010179662021

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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)/5753/2021

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DOLI KALITA @ DOLI DEKA

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W/O LATE MRINAL DEKA, R/O VILL- JATIA BHANGRA, P.O.-LOCH, P.S.BAIHATA CHARIALI, DIST-KAMRUP(R), ASSAM, PIN-781381

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI781006

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2:THE DEPUTY COMMISSIONER KAMRUP(RURAL) AT AMINGAON ASSAM PIN-781031

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3:THE CIRCLE OFFICER KAMALPUR REVENUE CIRCLE P.O. AND P.S.-KAMALPUR DIST- KAMRUP(R) ASSAM PIN-781380

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4:THE OFFICER-IN-CHARGE BAIHATA CHARIALI POLICE STATION DIST- KAMRUP(R) ASSAM PIN-78138

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Advocate for the Petitioner : MR. R Deka

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Advocate for the Respondent : SC, REVENUE

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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02/06/2022

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Heard Mr. S. I. Akand, learned counsel for the petitioner and Mr. R. Borpujari, learned Standing counsel, Revenue (R&R) and Disaster Management Department for the respondent No.1. Also heard Mr. B Deuri, learned Government Advocate, Assam for the respondent Nos. 2 to 4.

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The petitioner herein is claiming ex-gratia grant in terms of the Notification No.RR.33/2014/66 dated 15.11.2014 issued by the State Government in the Revenue (Relief & Rehabilitation) and Disaster Management Department as Late Mrinal Deka, husband of the petitioner met with a road traffic accident on 18.01.2020 while he was proceeding towards his residence from a marriage ceremony held in the same village by riding a Glamour Motorcycle bearing registration No. AS-25-M6288. Though, he was immediately admitted in the GNRC Hospital, but he died on the same day due to the injuries sustained by him in the said accident leaving behind his wife and one minor son. In that regard, Baihata Chariali P.S Case No. 189/2020 under Sections 279/304(A) IPC was registered.

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As per the said Notification dated 15.11.2014 issued by the State Government in the Revenue (Relief & Rehabilitation) and Disaster Management Department, noted above, ex-gratia grant to the next of kin of persons killed due to accident in public places or in public carriers (other than killed by extremist/ terrorist/miscreants and due to the firing of security forces), a quantum of relief amounting to Rs. 2,00,000/- is payable and the petitioner is claiming such benefit.

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To that extent, the petitioner submitted an application before the Deputy Commissioner, Kamrup (Rural) at Amingaon, respondent No. 2 on 22.07.2021, which is still pending for consideration.

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After hearing the learned counsels for the parties and considering the entire aspect of the matter, the petitioner is directed to submit a representation stating her claim in terms of the Notification dated 15.11.2014 on or before 23.06.2022 before the Commissioner & Secretary to the Government of Assam in the Revenue (Relief & Rehabilitation) and Disaster Management Department, along with a certified copy of this order, death certificate as well as Next of Kin certificate of said

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deceased, Mrinal Deka and other relevant documents with her full address, e-mail ID, telephone/mobile numbers etc. for needful communication, obtaining necessary acknowledgment from the authority concerned.

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In the event of filing any such representation by the petitioner, within the time so specified and as directed above, the Commissioner and Secretary to the Government of Assam in the Revenue (Relief & Rehabilitation) and Disaster Management Department shall consider the same relating to her claim in terms of the said Notification dated 15.11.2014 issued by the State Government in the Revenue (Relief & Rehabilitation) and Disaster Management Department obtaining the relevant reports from the Deputy Commissioner, Kamrup (Rural) at Amingaon.

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Further, on satisfaction of such reports and considering the matter, the Commissioner and Secretary to the Government of Assam in the Revenue (Relief & Rehabilitation) and Disaster Management Department shall dispose of the said representation of the petitioner relating to release of such ex-gratia grant in terms of the said Notification dated 15.11.2014 on or before 31.08.2022 payable to her being the next of kin of said deceased Mrinal Deka, as per her entitlement, following the due procedure and in accordance with law, if there is no other impediment in releasing the same to her.

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

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JUDGE

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Comparing Assistant

Doli Kalita @ Doli Deka v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Doli Kalita @ Doli Deka v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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