Disposed

Anjali Ghose v. the State of Assam and 5 Ors.

Gauhati HC16 Sept 2022WP(C)/6394/2017

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition seeking balance ex-gratia payment. The court directed the Deputy Commissioner to conduct an enquiry regarding the petitioner's eligibility and, if satisfied, pass a reasoned order for payment within one month, with subsequent payment processing by the Revenue and Disaster Management Department within two months.

What did the court decide?

Directed the Deputy Commissioner to enquire into the petitioner's claim and pass a reasoned order for the balance ex-gratia payment within one month, if funds are available, with the Revenue Departmen

Anjali Ghose Vs the State of Assam and 5 Ors. — Service and Employment | Gauhati HC (2022)

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GAHC010045372017

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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)/6394/2017

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ANJALI GHOSE W/O. LT. NAREN GHOSE, VILL. KAMAKHYAGURI, P.S. KAMAKHYAGURI, DIST. ALIPURDUAR, WEST BENGAL, PIN-736202.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006.

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2:THE COMM. and SECY. TO THE GOVT. OF ASSAM

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REVENUE AND DISASTER MANAGEMENT DEPTT. RELIEF and REHABILITATION BRANCH DISRPUR GUWAHATI-06. 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 BTC

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REP. BY IT'S PRINCIPAL SECRETARY

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KOKRAJHAR P.O. and DIST. KOKRAJHAR BTAD ASSAM PIN-783370.

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6:THE DY. COMMISSIONER KOKRAJHAR P.O. and P.S. KOKRAJHAR DIST. KOKRAJHAR BTAD ASSAM PIN-783370

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Advocate for the Petitioner : MR.M R KHANDAKAR

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Advocate for the Respondent : SC, BTADCR. 5.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 16-09-2022

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Heard Mr. M R Khandakar, learned counsel for the petitioner. Also heard Ms. M Barman, learned Junior Government Advocate for the respondents no. 1, 3 and 6, respectively, being the Chief Secretary to the Government of Assam, Commissioner & Secretary to the Government of Assam in the Personnel (B) Department and the Deputy Commissioner, Kokrajhar, Mr. A Bhattacharjee, learned counsel for the respondent no. 2 being the Revenue and Disaster Management Department, Government of Assam and Mr. A Chaliha, learned counsel for the respondents no. 4 being the Finance Department and respondent no. 5 being the BTC.

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The petitioner claims that her husband Naren Ghose was killed in extremist violence in the year 1992 in the Kokrajhar district. It is stated that till date, an amount of Rs.1,00,000/(Rupees One Lakh) had been paid to the petitioner as ex-gratia payment. The petitioner refers to the Office Memorandum dated 29.07.2013 of the Personnel (B) Department of the Government of Assam wherein in Clause 5 thereof, it is provided as extracted:

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“v) In case of persons killed in extremist violence prior to 2004 but whose relatives did not apply for any appointment prior to 22^nd June 2004 and had applied after 22^nd June 2004 and may or may not have received ex-gratia grant under 2004 Notification i.e. Rs.3.00 lakhs, - (a) they shall now be given appropriate ex-gratia payment as per No. ABP 121/92/Pt-V/136 dated 22-6-2004 adjusting the amount already received if any and (b) they shall also be entitled to be considered under the scheme envisaged in the Government Circle above i.e. No. ABP 121/92/Pt-V/136 dated 22-6-2004.”

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By referring to the afore-extracted portion of the Office Memorandum dated 29.07.2013, Mr. M R Khandakar, learned counsel for the petitioner has raised a contention that the petitioner is entitled to receive the balance of the amount provided as per the Notification dated 22/06/2004 inasmuch as in Clause 5, it is provided that in case of persons killed in extremist violence prior to 2004, they be given appropriate ex-gratia payment pursuant to the Office Memorandum dated 22.06.2004 by adjusting the amount already received.

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Accordingly, the petitioner to submit a representation before the Deputy Commissioner, Kokrajhar. The Deputy Commissioner, Kokrajhar upon receipt of the representation shall cause an enquiry as to whether the husband of the petitioner was killed in extremist violence in the year 1992 and whether the petitioner was paid an amount of Rs.1,00,000/- (Rupees One Lakh) earlier. If upon examination, both the aspects are found in favour of the petitioner, the Deputy Commissioner to pass an appropriate reasoned order entitling the petitioner to the balance amount of Rs.2,00,000/- (Rupees Two Lakhs) as per the Office Memorandum dated 22.06.2004.

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Ms. M Barman, learned Junior Government Advocate for the Deputy Commissioner states that the amount to be paid is subject to the availability of funds, which is under the Revenue and Disaster Management Department, Government of Assam.

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If the order of the Deputy Commissioner is in favour of the petitioner for an entitlement to the balance of the ex-gratia payment, the same be forwarded by the Deputy Commissioner to the authorities in the Revenue and Disaster Management Department, who shall pass the necessary order for payment of the balance ex-gratia amount. The Deputy Commissioner to pass the reasoned order within a period of one month from the date of receipt of the representation of the petitioner and if the order of the Deputy Commissioner is in favour of the petitioner and the proposal is sent to the Revenue and Disaster Management Department,

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the Revenue and Disaster Management shall do the needful within a period of another two months thereafter.

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If no representation is submitted, no further requirement as per this order.

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Writ petition stands disposed in the above terms.

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JUDGE

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Comparing Assistant

Anjali Ghose v. the State of Assam and 5 Ors.

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Anjali Ghose v. the State of Assam and 5 Ors.

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