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2018 DIGILAW 609 (JHR)

Sanjay Kumar v. State Of Jharkhand

2018-03-14

PRAMATH PATNAIK

body2018
JUDGMENT Pramath Patnaik, J. – In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents for payment of compensation of Rs.3,00,000/- in view of the resolution dated 13.01.2011 as disability compensation to persons suffering from physical disability while engaged in electoral works and suffering disability to the extent of more than 25% and till 50% and also the medical expenses reimbursement, since the petitioner suffered 30% physical impairment in his right leg as certified by Medical Board vide certificate no.150 dated 15.02.2011 issued by the C.M.O, Dumka. 2. A supplementary counter affidavit dated 21.02.2018 has been filed by the respondent no.2 wherein it has been submitted that resolution no.33 dated 13.01.2011 issued by the Panchayati Raj, NREP (Special Division) Dept. has been deleted and a new resolution has been promulgated by the Finance Department, Jharkhand vide memo no.1563(b) dated 27.05.2015 as per Annexure-A to the said affidavit. In para 4(iii) of the said resolution, following compensation amount has been fixed for permanent disablement during election duty: Percentage of permanent disablement Compensation amount in Rupees More than 5% but up to 20% Rs. 50,000/- More than 20% but up to 25% Rs.1,00,000/- More than 25% but up to 50% Rs.3,00,000/- More than 50% but up to 75% Rs.4,00,000/- More than 75% but up to 100% Rs.5,00,000/- It has further been submitted in the affidavit that if the petitioner submits a fresh representation with relevant documents in the light of the Finance Department resolution, vide memo no.1563(b) dated 27.05.2015, the case of the petitioner shall be considered. 3. Learned counsel for the petitioner submits that in view of the categorical submission made in the counter affidavit, liberty be given to the petitioner to file a fresh representation along with relevant documents the grievance of the petitioner shall be redressed. 4. Learned counsel for the respondents reiterates the submission made in the counter affidavit and also supports the submission of learned counsel of the petitioner within the aforesaid period. 5. In view of the limited grievance of the petitioner, without delving into the merit of the matter, the writ petition is disposed of giving liberty to the petitioner to submit a representation enclosing the relevant documents before the respondents more particularly respondent no.3 within a period of four weeks from the date of receipt/communication of a copy of the order. In view of the limited grievance of the petitioner, without delving into the merit of the matter, the writ petition is disposed of giving liberty to the petitioner to submit a representation enclosing the relevant documents before the respondents more particularly respondent no.3 within a period of four weeks from the date of receipt/communication of a copy of the order. On receipt of such representation, the respondent no.3 shall consider the same in accordance with law and pass a reasoned and speaking order within a period of four weeks thereafter, which shall also be communicated to the petitioner. 6. It is needless to mention that if the claim of the petitioner appears to be genuine and comes within the purview of resolution of Finance Department, Jharkhand vide memo no.1563(b) dated 27.05.2015 then the respondents shall disburse the admissible monetary compensation to the petitioner within a period of four weeks thereafter. 7. With the aforesaid direction, the writ petition stands disposed of.