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2017 DIGILAW 836 (GAU)

Ram Krishna Chouhan v. State of Assam

2017-06-22

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT : ACHINTYA MALLA BUJOR BARUA, J. 1. Heard Mr. M.R. Khandakar, learned counsel for the petitioner. Also heard Mr. B.N. Sarma, learned senior counsel for the state respondent authorities and Mr. R. Borpujari, learned counsel for the respondent No. 4. 2. Three member of the petitioner's family, namely, 1. Lt. Sonalal Chouhan (Son), 2. Lt. Monu Chouhan (Son) and 3. Lt. Indrasoni Devi (Wife) were killed in extremist violence in the year 2002. By an earlier order dated 17.01.2003 of the Govt. of Assam in the Relief & Rehabilitation Department, the petitioner was paid an amount of Rs. 1,00,000/- against each of the deceased, the total being Rs. 3,00,000/-. 3. It is the case of the petitioner that in the subsequent Office Memorandum dated 29.07.2013 of the Govt. of Assam in the department of Personnel(B), it has been provided that in case of persons killed in extremist violence prior to 2004 and whose relatives had not applied for any appointment in Govt. service on 22.6.2004, they shall now be given ex-gratia payment as per No. ABP 121/92/Pt-V/136 dated 22.6.2004 by adjusting the amount that had already been received by them. 4. On the basis of the aforesaid circular, the writ petitioner claims that he is entitled to a total an amount of Rs. 3,00,000/- for each of the deceased and accordingly, as he had already been paid 1,00,000/- for each of the deceased, he is now entitled to Rs. 2,00,000/- for each of the deceased. The total being Rs. 6,00,000/-. 5. Prima facie, it appears to this Court that the petitioner may be covered by the aforesaid Office Memorandum dated 29.07.2013. As agreed by the parties including the learned senior counsel, this Court is of the view that interest of justice would be met, if a direction is issued to the respondent authorities to give due consideration to the claim of the petitioner as to whether he is entitled to an enhancement of ex-gratia payment @ Rs. 3,00,000/- per deceased. 6. In the event, the authorities after giving due consideration arrives at a conclusion that the petitioner so entitled, appropriate order shall be passed for paying the balance amount of Rs. 2,00,000/- per deceased, the total being Rs. 6,00,000/-. While considering the case of the petitioner, the respondent authorities shall also give the petitioner a personal hearing in order to substantiate his case. 7. 2,00,000/- per deceased, the total being Rs. 6,00,000/-. While considering the case of the petitioner, the respondent authorities shall also give the petitioner a personal hearing in order to substantiate his case. 7. The aforesaid process shall be completed within a period of three months from the date of receipt of a certified copy of this order. The aforesaid consideration and hearing shall be given by the Deputy Commissioner, Karbi Anglong and upon undertaking the exercise, the Deputy Commissioner shall pass a speaking order on the same. Writ petition is accordingly disposed of.