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2015 DIGILAW 120 (GAU)

Sabita Baishya v. State of Assam & Ors.

2015-02-04

MANOJIT BHUYAN

body2015
1. Heard Mr. S. Biswas, learned counsel for the petitioner. Also heard Mr. A.K. Thakur, learned counsel for respondent No. l and Mr. J. Handique, learned State counsel for respondent Nos. 2 to 5. 2. The petitioner claims the balance ex gratia amount of Rs. 2 lakhs on account of her husband being killed by some unknown miscreants. Mr. Biswas, learned counsel for the petitioner refers to page 21 (being a typed copy) as well as page 22 to show that there is a police report in proof of the fact that the husband of the petitioner was killed by unknown miscreants. Mr. Biswas also refers to Annexure 5 (page 23 of the writ petition) as to the extant policy of the State of Assam with regard to payment of ex-gratia amount. For ready reference, first paragraph of the said policy guidelines is quoted hereunder: “I am directed to inform you that the Assam Public Service (Appointment of Family members of persons killed by Extremists/Terrorists) Rules 1992 has been repealed by the Government vide this Deptt. Notification No. ABP.121.92/Pt-V/135 Dated: 22.6.2004. The Government has also....................... the following measures in place of the said Rule to give relief to the affected families.” 3. Ex facie it appears that the claim of the petitioner is not covered by the policy guidelines as contained in Notification No. ABP.121.92/Pt-V/135 dated 22.6.2004. This court is of the opinion that the writ petition is misconceived and the same is liable to be dismissed in limine, which, is accordingly done. 4. Before parting with the case, this court would like to put on record a very serious aspect of the matter. It is of great concern that ex-gratia is being paid to persons claiming benefit under the said policy guidelines even without coming under the ambit of the said policy guidelines. In that view of the matter, the Chief Secretary of the Government of Assam is directed to cause an enquiry to ascertain on what basis ex-gratia is paid in respect of cases where death results from actions of unknown miscreants and not at the hands of extremist/terrorists as stipulated in the Guidelines. The Chief Secretary to the Government of Assam shall cause the enquiry within a specified period of time and shall proceed accordingly fixing responsibility on the erring officials, as may be determined. 5. With the above observation, this writ petition stands dismissed/No costs. 6. The Chief Secretary to the Government of Assam shall cause the enquiry within a specified period of time and shall proceed accordingly fixing responsibility on the erring officials, as may be determined. 5. With the above observation, this writ petition stands dismissed/No costs. 6. A copy of this order be furnished to Mr. Handique, learned State counsel who in turn shall make the same available to the Chief Secretary to the Government of Assam, within a short period.