Partly allowed

Dilip Rabidas v. the State of Assam and 6 Ors.

Gauhati HC2 Feb 2022WP(C)/598/2022

Case brief

AI extract

What is this about?

Writ petition filed seeking ex-gratia compensation of Rs. 2,00,000 for the petitioner, a family member of a deceased victim who died in an accident, due to delayed sanction by authorities. The court directed payment after verification.

What did the court decide?

Direction to respondent No.1 to verify petitioner's entitlement under Notification dated 15.11.2014 and release ex-gratia payment of Rs. 2,00,000 if eligible within two months.

Dilip Rabidas Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010014442022

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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)/598/2022

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DILIP RABIDAS

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S/O. LT. LAL MOHAN RABIDAS, VILL. BANIYAMARI, P.O. SAHEBGANJ, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM, PIN-783331.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS

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REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI06.

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

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3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06.

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4:THE DEPUTY COMMISSIONER OF DHUBRI ASSAM PIN-783301.

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5:THE SUPDT. OF POLICE DHUBRI ASSAM PIN-783301.

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6:THE CIRCLE OFFICER GOLAKGANJ REVENUE CIRCLE

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DHUBRI ASSAM PIN-783334.

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7:THE OFFICER IN CHARGE GOLAKGANJ POLICE STATION DIST. DHUBRI ASSAM PIN-783334

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Advocate for the Petitioner : MR. I ALAM

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 02-02-2022

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Heard Mr. T Sk, learned counsel for the petitioner. Also heard Mr. PS Deka, learned Standing counsel, Revenue Department appearing for respondent No.1 and Mr. B Deuri, learned Junior Government Advocate.

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This is an application under Article 226 of the Constitution of India whereby the petitioner being aggrieved for non-payment of the ex-gratia relief to which the petitioner being a family member of the deceased is entitled in terms with the notification dated 15.11.2014 has filed the instant writ petition.

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The brief facts of the case is that the daughter of the petitioner Dipali Rabidas (since deceased) met with an accident and thereupon she succumbed to her injuries and expired on 10.10.2016. Thereupon the petitioner had in terms with the notification dated 15.11.2014 issued by the respondent No.1 filed an application dated 23.07.2018 praying for ex-gratia payment of an amount of Rs.2,00,000/- before the respondent No.4. The petitioner furnished all the relevant documents before the Superintendent of Police, Dhubri, as well as respondent No.6, Circle Officer, Golakganj

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Revenue Circle for onward sanction but till date the authorities have not released the ex gratia grant to the petitioner.

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Being aggrieved, for non consideration of the request made by the petitioner, the petitioner has approached this Court under Article 226 of the Constitution of India.

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Mr. PS Deka, leanred Standing counsel, Revenue Department appearing on behalf of respondent No.1 submits that in similar matters this Court had issued directions for making payment after making due verification.

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Taking into consideration the specific stand taken by the petitioner as regards the entitlement on the basis of the notification dated 15.11.2014 and also the submission of Mr. PS Deka, learned Standing counsel, Revenue Department to the effect that in respect to similarly situated persons this Court had passed directions for making payment after making due verification, this court is therefore of the opinion that it would be in the interest of justice that the instant petition be disposed of with a direction to the respondent No.1 to consider the prayer of the petitioner as regards the entitlement in terms with the notification dated 15.11.2014 and after due verification as regards the petitioner’s entitlement if it is found that the petitioner is entitled, the said ex-gratia payment of Rs.2,00,000/- may be released to the petitioner.

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It is further directed that the entire exercise be completed within a period of 2 (two) months from the date a certified copy of this order is served upon the Commissioner & Secretary, to the Government of Assam, Revenue (Relief and Rehabilitation) Disaster Management Department.

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The writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Dilip Rabidas v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Dilip Rabidas v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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