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2017 DIGILAW 1018 (JHR)

Bachan Devi v. Govt. of Jharkhand

2017-07-03

S.N.PATHAK

body2017
ORDER : The petitioner has approached this Court with a prayer for a direction upon the respondent-authorities to pay a sum of Rs. 10,00,000/- (Ten Lakhs) as compensation amount to the petitioner with statutory interest, as the husband of the petitioner died during the Election Duty. Factual Matrix : 2. The husband of the petitioner was an employee of Govt. of Jharkhand, working as VANPAL in Forest Division Office, Gumla. The husband of the petitioner, namely Kaleshwer Hazam was appointed as 3rd Polling Officer in General Parliament Election, 2009 by the District Election Officer/Returning Officer/Deputy Commissioner, Gumla for the polling in Parliament Constituency-12 Lohardaga on 16th April, 2009 and 4.9.2009 and as per direction the husband of the petitioner joined on 14.4.2009 in Party No. 67-0014 in St. Ignatius High School, Gumla. It is stated that after joining of election duty on 14.4.2009 the husband of the petitioner Kaleshwar Hazam fall unconscious and became senseless during the Election Duty in the said School. Then he was brought to Sadar Hospital, Gumla and further referred to RIMS, Ranchi on the same day for better treatment. He further submits that husband of the petitioner also died during the election duty and the petitioner filed several representations before the respondent no. 2, but, after lapse of more than six years no action has been taken by the respondent no. 2 regarding payment of compensatory amount of Rs. 10,00,000/- till date. Hence, the writ petition has been preferred. 3. Learned counsel for the petitioner, Mr. N.K. Sinha, submits that petitioner died on 18.4.2009 at RIMS and this incident took place during the Election Duty. No averments have been made regarding the death in the writ petition. Though, the death certificate has been annexed, but, the learned counsel for the petitioner submits that in view of the circular dated 4.11.2006 of the Government of Jharkhand, the petitioner is entitled for Rs. 10,00,000/- as a compensation to the death victim in case of death during election duty. 4. Mr. Anoop Kumar Agarwal, learned counsel for the respondents, submits that counter-affidavit has been filed and he refers to the various paragraphs of the counter-affidavit and submits that the petitioner is not entitled for compensation and his death never occurred on duty. The rules show that the death should be accidental and, as such, in absence of any pleading regarding accidental death petitioner is not entitled for compensation. The rules show that the death should be accidental and, as such, in absence of any pleading regarding accidental death petitioner is not entitled for compensation. 5. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that this case is a glaring example of depriving the victim from getting their legitimate claim with regard to the accidental death during election duty. The dependant of the victim can claim compensation as per the Circular 376 dated 4.11.2006 of Govt. of Jharkhand, Department of Finance which is brought on record by way of Annexure-4. It is admitted that the petitioner died during election duty, later on, he was admitted in hospital where he has taken his last breath. The contention of the learned counsel for the respondent is not acceptable that the petitioner never died on Election Duty. Merely as the petitioner died in hospital it cannot be said that he did not die on election duty. The contention of the learned counsel for the respondent is not acceptable as he died in hospital during election duty. 6. Going through the said rules which clearly shows that if a person died during election duty, the concerned dependant of employees/death victims is entitled for a compensation of Rs. 10 Lakhs. I, hereby, direct the respondent no. 3 District Election Officer-cum-Returning, Officer-cum-Deputy Commissioner, Gumla to consider the case of the petitioner regarding payment of Rs. 10,00,000/- as a compensation for the death during election duty. Admittedly, the husband of the petitioner died while on election duty which has not been disputed by the respondents anywhere neither any averments has been made by the respondent-authorities in the counter-affidavit. The entire exercise regarding the payment of compensation amount shall be made within a period of six weeks from the date of receipt of copy of this order. If the amount is not paid within the said period, the petitioner shall be entitled for a fine of Rs.10,000/- to be paid by the respondent. 7. Accordingly, this writ petition stands disposed of.