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2010 DIGILAW 434 (JHR)

Sumitra Devi v. State of Jharkhand

2010-04-08

D.G.R.PATNAIK

body2010
JUDGMENT 1. Heard counsel for the petitioner and the counsel for the respondent State. 2. The petitioner in this writ application has prayed for a direction upon the respondents to pay appropriate amount of compensation as well as to provide compassionate appointment to her, on the ground that her husband who was a Home Guard Volunteer, had died in a road accident on 28.1.2006 while on patrolling duty along with other Home Guards and Police Personnel. 3. The respondents 2 to 6 in their counter-affidavit, have though not denied the fact that the petitioners husband was a Home Guard volunteer and that, he had died while discharging duty on 28.1.2006, but have sought to dispute the petitioner's claim and deny their liability for payment of any compensation and for compassionate appointment, on the ground that Home Guard Volunteer is not a Government Servant and therefore, the Rules applicable to the Government employees do not apply to the Home Guard Volunteers. 4. The issue as to whether the Home Guard Volunteer while discharging his duties, is a public servant or not, is no more res-integra. Relying upon a judgment in the case of Gayatri Devi and others vs. State of Jharkhand and others reported in 2004 (2) JLJR 132 , a Bench of this court in the case of Most. Taruna Devi vs. The State of Jharkhand and others vide order passed in W.P.(S) No. 4589 of 2006, has observed in the following terms: "7. ........................ compassionate appointment is to be granted under the compassionate appointment scheme, issued by the State Government and the Director General-cum-Commandant General, Jharkhand Home Guard Volunteers, Ranchi, has no business to clarify the scheme, formulated by the Government and to interpret the same. Only the state has the authority and jurisdiction to interpret and clarify its scheme. In any case, this Court has already interpreted the nature of appointment of Home Guard Volunteers and held that they are public servants while performing the duties and, thus, in the event of death of a Home Guard Volunteers, his dependant will be entitled to the benefit of compassionate appointment". 5. In the light of the settled principle, the respondent authorities cannot possibly deny their liability to extend the benefits to the dependents of the Home Guard Volunteer in the same terms of the scheme envisaged for the Government servants. 6. 5. In the light of the settled principle, the respondent authorities cannot possibly deny their liability to extend the benefits to the dependents of the Home Guard Volunteer in the same terms of the scheme envisaged for the Government servants. 6. Counsel for the respondents informs that notwithstanding the stand taken by the concerned authorities of the respondents, a sum of Rs. 50,000/- by way of ex-gratia payment, has been sanctioned and will be paid to the dependents of the deceased husband of the petitioner, but the payment has been held up on account of a rival claim made by another lady namely, respondent no. 7, also claiming herself to be the widow of the deceased Home Guard Volunteer and in fact, the respondent no. 7 has also filed a separate writ application raising the same demands against the respondent State. 7. Counsel for the petitioner informs in this context that the present petitioner is the legally married first wife of the deceased Home Guard Volunteer and this fact has been acknowledged even by the respondent authorities of the State Government and therefore, it is the petitioner alone who is entitled to receive the benefits of the Government Scheme not only in respect of the amount of compensation, but also for compassionate appointment. 8. As observed above, the respondent no. 7 has not appeared either in person or through lawyer in spite of service of notice upon her. 9. Considering the above facts and circumstances, this application is disposed of with a direction to the concerned authorities of the respondents to assess the amount of compensation payable on account of the death of the deceased Home Guard Volunteer while discharging the duty, in accordance with the scheme floated by the Government in such eventuality, within a period of one month from the date of this order and on being satisfied about the genuineness of the petitioner's claim and entitlement of the benefits of the scheme as the surviving legal heir and representative of the deceased employee, shall pay the same to her. The respondents shall also consider and pass an appropriate order on the petitioner's prayer for compassionate appointment in the light of the benefits reserved under the Government policy / Scheme in such cases. With these observations, this writ application is disposed of. Let a copy of this order be given to the counsel for the respondent State.