RAJIV ROY, J.:–The appellant-petitioner has preferred this appeal against the order and judgment dated 20.01.2020 passed by Hon’ble Single Judge in CWJC No. 21995 of 2019 by which the Court disposed of the writ application holding that considering the fact that the Government is still in the process of framing the policy in terms of resolution dated 03.02.2016, there is no occasion for the Court to issue any direction.

2. The matrix of facts giving rise to the present appeal is/are follows:—

(i) the wife of the appellant-petitioner, namely Shobha Kumari was appointed as ‘ASHA (ACCREDITED SOCIAL HEALTH ACTIVIST) worker in Sambhupura Anganbari Kendra of Nawahi Panchayat, Naubatpur, Patna vide Memo No. 16 dated 30.12.2005 issued by the Mukhiya of the said Gram Panchayat;

(ii) she also went through training under INDO-UNO Disaster Risk Management Programme in the year 2010.

(iii) Hon’ble the Chief Minister, Bihar made announcement on 27.07.2015 for ex-gratia grant of Rs. 4 lakh in case of premature death of contractual employees working under the State Government;

(iv) Unfortunately, Shobha Kumari died due to brain haemorrhage on 06.12.2015 leaving behind her husband, namely, Bijendra Prasad (the appellant herein) and two minor daughters;

(v) on 31.12.2015, the appellant-petitioner submitted an application before the respondent-Civil Surgeon-cum-Chief Medical Officer, Patna for the said exgratia grant of Rs. Four lakh;

(vi) the Health Department, Government of Bihar, Patna came out with memo No. 86 (12) dated 03.02.2016 extending grant of exgratia to amongst other the family members of ‘ASHA workers’.

(vii) appellant-petitioner submitted another application on 17.06.2016. It was followed by applications before the Executive Director, State Health Society, Patna (26/04/2018), again before the Civil Surgeon-cum-Chief Medical Officer, Patna (27/11/2018) and before the Executive Director, State Health Society, Patna (28/11/2018) but without any response;

(viii) the appellant-petitioner also tried to get information through Right to Information Act but did not get any response whatsoever at the first occasion.

(ix) the District Health Society, Patna under the signature of the Civil Surgeon-cum-Member Secretary, vide Memo No. 185 dated 09.05.2019 rejected the claim on the ground that his wife Shobha Kumari died on 06.12.2015 whereas the Health Department had issued the resolution on 03.02.2016 and as such the same cannot be extended to him (Annexure- 19 to the writ petition).

3. Aggrieved, CWJC No. 21995 of 2019 was filed. The same was heard on 20.01.2020 in which the learned Single Judge chose not to issue any direction, forcing the appellant to prefer the present appeal.

4. The learned counsel for the appellant-petitioner submits that following the announcement of Hon’ble the Chief Minister on 27.07.2015, the State Cabinet approved the proposal of different Departments on 22.08.2015 itself. Further, the Information Technology Department came out with the gazette notification on 25.08.2015 itself extending the said benefit effective 27.07.2015 i.e the date of announcement.

5. The contention of the counsel for the appellantpetitioner is that a bare perusal of the I.T. Department’s Resolution No. 24.08.2015 published in the official gazette on 25.08.2015 in Column -3 shows that it incorporates amongst other the ‘ASHA workers’. Further Column No. 5 of the said resolution clearly state that this scheme will be applicable from the date of the announcement by Hon’ble Chief Minister i.e. from 27.07.2015. Further Column No. 7 states that the aforesaid resolution also stands approved by the Cabinet.

6. Learned counsel for the appellant-petitioner as such submits that Health Departmen, Bihar, Patna being also part of the State Government cannot be allowed to sit over the matter and deny the humanitarian relief. He as such submits that the learned Single J