Kusum Dubey @ Kusum Kumari @ Kushum Devi, widow of late Kundall Dubey v. Director General of Civil Defence, Ministry of Home Affairs, Govt. of India
2017-02-03
S.N.PATHAK
body2017
DigiLaw.ai
JUDGMENT : Heard Mr. Manoj Kumar Choubey, learned counsel appearing for the petitioner and Mr. Chanchal Jain, learned counsel appearing for the respondents. 2. In this writ application the petitioner has prayed for direction to the respondents particularly, respondent No. 4, the Executive Engineer, Department of Irrigation, to grant monetary benefits with statutory interest on account of death on duty of her husband, Kundall Dubey, Homeguard No. 10735 and also to give compassionate appointment to the petitioner in place of her husband, who died on duty. 3. The factual exposition as has been delineated in the writ petition is that the husband of the petitioner, on deputation, was working as Homeguard being Homeguard No. 10735, at North Koyal Bhim Barrage under the Department of Irrigation at Mohammadganj, District Palamau. While on duty, his dead body was recovered on 18.03.2011 from the dam and a case being Kandi P.S. Case No. 12 of 2011 has been registered under Section 302 of the Indian Penal Code. After the death of husband of the petitioner, the District Commandant, Homeguard, Garhwa (Respondent No. 5) has written a letter on 19.03.2011 to the Commandant, Jharkhand Homeguard Headquarters, Ranchi (Respondent No. 4), wherein he has informed the matter about unnatural death of the husband of the petitioner. The Executive Engineer has also written a letter to the District Commandant Homeguard, Garhwa requesting therein for taking necessary steps for protection of the barrage since after the death of the husband of the petitioner other Homeguards were not performing their duties. The District Commandant, Homeguards Garhwa, referring to the established law, written a letter dated 20.05.2011 to the Executive Engineer requesting therein to make payment to the wife of late Kundal Dubey, since he died unnaturally during his duty hours. It has been requested by the respondent No. 5 to the respondent No. 8 that since Kundal Dubey died on duty, her wife (the petitioner) is entitled for entire monetary benefits as well as compassionate appointment, as per the rules prevailing for the Police Personnel at Jharkhand.
It has been requested by the respondent No. 5 to the respondent No. 8 that since Kundal Dubey died on duty, her wife (the petitioner) is entitled for entire monetary benefits as well as compassionate appointment, as per the rules prevailing for the Police Personnel at Jharkhand. The respondent No. 5 has also written a letter dated 20.09.2012 to the Deputy Inspector General of Police, Homeguard, Headquarters, Ranchi, whereby it has been informed that the petitioner has died while on duty on 08.03.2011 and his dead body was recovered from the barrage and requested for payment of ex-gratia compensation since the Department of Irrigation, Jharkhand, where the late Kundal Dubey was posted, on deputation, has not taken any step for payment of the same. Thereafter, the Director General, Homeguard, Jharkhand (respondent No. 2) has written a letter dated 18.10.2012 to the Executive Engineer (respondent No. 8) requesting therein for payment of Rs.2,00,000/-as ex-gratia compensation to the petitioner, as per the resolution of Department of Home Affairs, Jharkhand dated 23.10.2009. Despite the fact that the Department of Homeguard has written several letters to the different Agencies of the State Government, they have not taken any measures for payment of ex-gratia compensation or the compassionate appointment to the petitioner. Thereafter, on being request made by the petitioner, the respondent No. 5 wrote a letter dated 16.11.2012 to the Deputy Commissioner, Palamau (respondent No. 6) thereby informing the fact that Home Guard No. 10735, late Kundal Dubey, was deputed for protection of the barrage under the Irrigation Department and he was found dead on 18.03.2011 and vide letter dated 20.09.2011, the Executive Engineer was requested to pay the ex-gratia compensation to the wife of late Kundal Dubey, but till date no step whatsoever has been taken by him. 4. Learned counsel for the petitioner submits that her husband had died during duty hours, while he was posted, on deputation, in office of Executive Engineer, Department of Irrigation and hence, the petitioner is entitled for monetary benefits as well as compassionate appointment, which is admissible to the Police Personnel as also to the State Government Employees in Jharkhand but the same has not been granted to the petitioner. It is submitted that the respondents are duty bound to follow the guidelines issued by the Ministry of Home Affairs, Government of India.
It is submitted that the respondents are duty bound to follow the guidelines issued by the Ministry of Home Affairs, Government of India. It is further submitted that inspite of the several correspondences made between the Department of Homeguards and the respondent Nos. 6 and 8, the respondents did not take any steps for payment of monetary benefits and compassionate appointment to the petitioner. The petitioner has also made several representations before the concerned Authorities and lastly, she has made a representation on 14.08.2013 before the respondent No. 6 requesting therein for making payment of monetary benefits as well as other benefits and granting compassionate appointment to her, since her husband, late Kundal Dubey died while on duty in the office of Executive Engineer, Irrigation Department, Palamau. Learned counsel submits that the petitioner is running from pillar to posts but the respondents have not taken any steps for redressal of her grievances. Hence, this writ petition. 5. The respondent Nos. 2, 4 and 5 have filed counter-affidavit. Learned counsel appearing for the respondent submits that the answering respondents, especially, respondent No. 2, Director General, Homeguard, Jharkhand has requested the concerned respondent authorities, especially respondent No. 8 to pay the ex-gratia amount to the petitioner in the light of the government’s decisions. Apart from it, when the respondent No. 8 did not take any action for the payments, the respondent No. 5 vide its letter dated 16.11.2012 reported the matter to respondent No. 6 requesting therein to ensure the payment of compensation at his level. He also reported the matter to respondent No. 7 requesting therein for payment monetary benefits to the heirs of deceased Homegaurd. It is further submitted that the answering respondents have taken all efforts to ensure the payment to the heirs of the deceased Homeguard, but it could not be paid till date. Counter affidavit has also been filed on behalf of Respondent No. 3. It has been submitted that the grievances raised by the petitioner in the instant writ petition completely relates to Water Resources Department, Govt. of Bihar and his department has no concern with the same. 6. In view of the recommendation made by the Commandant, Jharkhand Home Guards, Garhwa (Annex. 4) and in view of the fact that the petitioner's father was a home guard, who died in harness and as per the scheme of Government, petitioner is entitled for compassionate appointment.
of Bihar and his department has no concern with the same. 6. In view of the recommendation made by the Commandant, Jharkhand Home Guards, Garhwa (Annex. 4) and in view of the fact that the petitioner's father was a home guard, who died in harness and as per the scheme of Government, petitioner is entitled for compassionate appointment. This issue fell before the Hon'ble Jharkhand High Court in case of Gayatri Devi Vrs. State of Jharkhand & Ors., reported in 2004 (2) JCR 192 Jhr., where it has been decided that the home guard is also entitled for compassionate appointment. 7. In view of judicial pronouncement and in view of the recommendation of the authorities, I hereby direct the respondent No. 2, the Director General of Home Guard, Ranchi to consider the case of the petitioner regarding monetary compensation as well as compassionate appointment and issue appointment letter to the wife of the deceased home guard, who was killed during duty hours. 8. Needless to say that the above exercise must be completed within one month from the date of receipt of a copy of this order.