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2023 DIGILAW 149 (JHR)

Urmila Devi v. State of Jharkhand

2023-02-10

ANANDA SEN

body2023
JUDGMENT : Ananda Sen, J. The petitioner is the widow of the deceased-Awadhesh Kumar Sharma, who was a Havaldar in the Police Department, Jharkhand. His permanent place of posting was West Singhbhum at Chaibasa. He was sent for election duty in Palamau in the year 2014. He died during the election period there. The cause of death was not specifically mentioned but the respondents concluded that he may have suffered sun stroke and died or from some illness. 2. The son of the deceased was appointed on compassionate ground. This petitioner, who happens to be the widow of the deceased, is praying for ex gratia lump sum compensation, as she claims that she is covered by a Scheme which provides for ex gratia. It is her claim that since the death either by way of sun stroke, can be said to be an accident, so far as the husband of this petitioner is concerned, and as the same had occurred during his duty hours, thus she is entitled for Rs. 10,00,000/- (rupees ten lakh) as ex-gratia payment. Further, it is the case of the petitioner that the Police Department has already recommended the case of the petitioner but the Department of Home, Jharkhand, is yet to take a decision. 3. Counsel for the State admits that the case of the petitioner has been positively recommended by the Police Department, but he submits that the cause of death has not yet been asserted and the enquiry report suggest that the same can also be due to sun stroke or from any other ailments. He admits that the deceased was on Election Duty, at the time of death. 4. The fact remains that the husband of the petitioner was on election duty at the time of his death. The Superintendent of Police, Palamau has already recommended the case of the petitioner for payment of ex gratia amount. The DIG (Budget) has also recommended the case of the petitioner before the Home Department. The Home Department is yet to take a decision on the said recommendation. The matter is still pending. 5. Considering the fact that the issue is still pending before the Principal Secretary, Department of Home, Prison and Disaster Management, Govt. of Jharkhand, Ranchi-respondent No. 4, I direct the respondent No. 4 to pass an appropriate order considering all the aspects placed before him including the recommendations. The matter is still pending. 5. Considering the fact that the issue is still pending before the Principal Secretary, Department of Home, Prison and Disaster Management, Govt. of Jharkhand, Ranchi-respondent No. 4, I direct the respondent No. 4 to pass an appropriate order considering all the aspects placed before him including the recommendations. The reasoned order should be passed within six weeks from the date of receipt of a copy of this order. The order should be communicated to the petitioner. If it is found that the petitioner is entitled for any relief, the same should be extended to her within three weeks thereafter. 6. With the aforesaid observation and direction, this petition stands disposed of.