Disposed

Rosna Begum v. the State of Assam and 5 Ors.

Gauhati HC14 Aug 2023WP(C)/1532/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking ex-gratia relief for her husband's death in a road accident. The Court directed the Deputy Commissioner to examine the representation and decide on the entitlement within three months.

What did the court decide?

Respondent No.3 directed to examine the petitioner's representation and decide on entitlement to ex-gratia compensation within three months.

Rosna Begum Vs the State of Assam and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010048352023

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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)/1532/2023

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ROSNA BEGUM W/O- LATE MUJAHID ALI, VILL NO- 3, BAGTA, BAMUNBARI, P.O- KALITAKUCHI, P.S- HAJO, DIST- KAMRUP (R), ASSAM, PIN-781102

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE ( RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPTT. DISPUR GUWAHATI 6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI -6

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3:THE DEPUTY COMMISSIONER KAMRUP (R) AMINGAON ASSAM PIN-781031

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4:THE SUPERINTENDENT OF POLICE KAMRUP (R) AMINGAON ASSAM PIN-781031

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5:THE CIRCLE OFFICER

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HAJO REVENUE CIRCLE

P.O AND P.S- HAJO

DIST-KAMRUP (R) ASSAM PIN-781102

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6:THE OFFICER IN CHARGE HAJO POLICE STATION

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P.O AND P.S- HAJO DIST-KAMRUP (R) ASSAM PIN-78110

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Advocate for the Petitioner : MR. W RAHMAN

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Advocate for the Respondent : SC, REVENUE

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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14.08.2023

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Heard Mr. W. Rahman, learned counsel for the petitioner. Also heard Ms. N.

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Bordoloi, learned Standing Counsel, Revenue and Disaster Management Department, Assam appearing for the respondent No.1, Mr. A. Chaliha, learned Standing Counsel, Finance Department, Assam appearing for the respondent No.2 and Mr. N. Goswami, learned Govt. Advocate, Assam appearing for the respondent Nos.3 to 6.

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The case of the writ petitioner, in a nutshell, is that her husband, viz., late

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Mujahid Ali had sustained grievous injuries in a road accident which took place at Mukalmua Kalitakuchi road under Hajo Police Station in the district of Kamrup

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(Rural) on 16.10.2020 as a result of which he was admitted in the hospital. Subsequently, late Mujahid Ali succumbed to his injuries on 20.10.2020 while receiving treatment in the hospital. An F.I.R. was lodged, based on which Hajo P.S. Case No.1356/2020 was registered under Sections 279/304(A) of the IPC. According to the petitioner, she is entitled to ex-gratia relief amounting to Rs.2 lakhs as per notification dated 15.11.2014 issued by the Government of Assam. Accordingly, a representation dated 03.08.2022 was submitted by her before the Deputy Commissioner, Kamrup (R) i.e. the respondent No.3 herein seeking ex-gratia relief. However, no action has been taken on her representation till today. Hence, this writ petition.

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Mr. Goswami, learned Govt. Advocate, Assam, on instructions, submits that upon verification it was found by the concerned authority that the accident did take place wherein the husband of the petitioner had suffered grievous injuries leading to his death. Therefore, as per notification dated 15.11.2014, the claim for payment of compensation is liable to be examined by the competent authority.

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Similar is the stand of the learned counsel appearing for the other official respondents.

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If that be so, this writ petition stands disposed of with a direction upon the respondent No.3 to examine the representation dated 03.08.2022 submitted by the petitioner in the light of the standing Government notification. On such examination, if it is found that the petitioner is entitled to ex-gratia compensation for the accidental death of her husband, necessary steps, as may be permissible under the law, be initiated for release of the amount. The aforesaid exercise be carried out and completed within a period of three

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months from the date of receipt of a certified copy of this order.

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With the above observation, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Rosna Begum v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Rosna Begum v. the State of Assam and 5 Ors.

Case brief

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