Gita Poddar Vs the State of Assam and 7 Ors.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT RELIEF AND REHABILITATION BRANCH DISPUR GUWAHATI-06.

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3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL (B) DEPARTMENT DISPUR GUWAHATI-781006.

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4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006.

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5:THE DEPUTY COMMISSIONER BAKSA P.O. MUSALPUR DIST. BAKSA ASSAM

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PIN- 781366.

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6:THE DEPUTY COMMISSIONER BARPETA P.O. AND DIST. BARPETA ASSAM PIN- 781301.

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7:THE CIRCLE OFFICER OF REVENUE BAKSA CIRCLE P.O. AND DIST. BAKSA MUSHALPUR ASSAM PIN- 781377.

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8:THE CIRCLE OFFICER OF REVENUE BARPETA CIRCLE P.O. AND DIST. BARPETA ASSA

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Advocate for the petitioner(s): Mr. C Kalita

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Advocate for the respondent(s): Mr. J Handique,

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Standing Counsel, Revenue

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B E F O R E

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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13.07.2026

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Heard Mr. C Kalita, the learned counsel appearing on behalf of the petitioner. Also heard Mr. J Handique, the learned counsel appearing on behalf of the Revenue Department, Govt. of Assam.

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The instant writ petition has been filed by the Petitioner claiming an additional enhanced ex-gratia grant of Rs.2,00,000/- in terms with the Notifications dated 22.06.2004 & 14.12.2004 and the Office Memorandum dated

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29.07.2013.

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The facts involved in the instant case are that the husband of the Petitioner namely Apurba Poddar (since deceased) was killed by the extremists in the year 2000. Thereupon, vide an order dated 20.12.2002, the Government of Assam, Relief & Rehabilitation Department had sanctioned and paid an amount of Rs.1,00,000/- to the Petitioner as ex-gratia grant being the next of kin of her deceased husband namely Late Apurba Poddar.

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The case of the Petitioner herein is that subsequent thereto the Assam Public Services (Appointment of Family Members of Persons Killed by Extremists/Terrorists) Rules, 1992 was repealed, vide the Government Notification dated 22.06.2004. The Commissioner & Secretary to the Government of Assam, Personnel (B) Department had issued a communication dated 22.06.2004 to all Deputy Commissioners stating inter alia that the Government had decided to consider the following measures in place of the Rule to give relief to the affected family. Amongst the various measures it was mentioned that there would be an enhancement of ex-gratia amount paid to the next of kin of a person killed in extremist violence to Rs.3,00,000/-. Subsequent thereto, vide another Notification dated 14.12.2004 the quantum of the exgratia compensation which was Rs.1,00,000/- was increased to Rs.3,00,000/- to the next of kin of persons killed in extremist/terrorist violence in the State on or after 22.06.2004.

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It is also relevant to take note of that vide the order dated 09.06.2010, the learned Division Bench of this Court in WP(C)No.3355/2007, amongst others, held that even if those persons who have received the ex-gratia payment of Rs.1,00,000/-, they would be entitled to the enhanced amount of the ex-gratia payment, after adjustment of the amount already paid to them and they would

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also be entitled to the benefit of preference in appointment and also under Self Employment Generation Scheme as provided in the Scheme.

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Under such circumstances, another Office Memorandum was issued by the Government of Assam, Personnel (B) Department dated 29.07.2013 whereby it was decided to provide appropriate ex-gratia amount of Rs.3,00,000/- as per the Notification dated 26.03.2004 by adjusting the amount already paid to the near relatives of the deceased who were killed by the extremists during the period 1995-2004.

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The Petitioner herein claims that on account of her deceased husband, she had already received Rs.1,00,000/-. In terms with the Office Memorandum dated 29.07.2013, the Petitioner is further entitled to an amount of Rs.2,00,000/-. The Petitioner thereupon had approached the Respondent Authorities on various occasions, but the Petitioner had not been paid the additional amount of Rs.2,00,000/- for which the instant writ petition has been filed.

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This Court vide an order dated 26.06.2023 issued Notice.

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I have heard the learned counsels appearing on behalf of the parties and perused the materials on record.

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Upon a perusal of the materials on record as well as the statement made in paragraph No.2 of the writ petition, it transpires that Smti Geeta Paddar i.e. the Petitioner had received an ex-gratia payment of Rs. 1,00,000/- on account of her husband Late Apurba Poddar being killed by the extremists. From a reading of various Office Memorandums including the Office Memorandum dated 29.07.2013, the entitlement of the next of kin for an additional amount of Rs.2,00,000/- is there and in the instant case the Petitioner being the next of

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kin of Late Apurba Poddar would be entitled to an additional amount of Rs.2,00,000/-.

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Accordingly, the instant writ petition, therefore, stands disposed of directing the Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department to disburse the additional amount of Rs.2,00,000/- to the Petitioner after carrying out necessary verification as regards the identity of the Petitioner.

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The said exercise be completed within a period of 3 (three) months from the date a certified copy of the instant order is served upon the Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department, Guwahati along with the necessary documents identifying the Petitioner as the wife of Late Apurba Poddar.

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With above observations and directions, the instant writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Gita Poddar v. the State of Assam and 7 Ors.

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