Point of Law: Notification makes provision for payment of ex-gratia compensation to families of Government employees who are killed while discharging their duties otherwise then those related to insurgency operation.

JUDGMENT :

Heard Mr. S. Chouhan, learned counsel for the petitioner. I have also heard Mr. T.C. Chutia, learned Addl. Sr. Govt. Advocate, Assam appearing on behalf of all the respondents.

2. The facts of the case, in a nutshell, is that the petitioner’s husband was serving as Havildar under the State police department. He was assigned duty of Personal Security Officer (PSO) attached to the Chairman of Jute Mill, Silghat and while traveling in the same vehicle along with his protectee in an Ambassador car bearing No. AS-02A-3791, the vehicle met with an accident and the petitioner’s husband late Padma Kanta Chutia died on the spot. The petitioner being the widow had made application before the authorities for payment of compensation, family pension and to provide a job on compassionate ground.

3. It is the admitted position of fact that the petitioner is receiving family pension and she is also not interested to press her claim for appointment on compassionate ground. An amount of Rs. 50,000/-in terms of the Govt. notification dated 29-07-2006 has also been paid to the petitioner as compensation on account of death of her husband. The present writ petition has been filed claiming an amount of Rs. 5,00,000/-as ex-gratia compensation, which amount, according to the petitioner, is payable to her under the Govt. notification dated 29-07-2006.

4. The respondent No. 2 has filed counter affidavit resisting the claim of the petitioner, inter alia, contending that the amount of Rs. 5,00,000/-is payable only in case of Police Personnel suffering death in connection with duty assigned in counter insurgency operation, but not in case of other categories of duties. Since the petitioner’s husband was not discharging duty in counter insurgency operation or any matter connected therewith, hence, the amount of Rs. 5,00,000/-would not be payable in case of the petitioner’s husband.

5. By placing reliance upon a decision of this Court rendered in the case of Smti. Sumitra Bala Roy Vs. The State of Assam and Ors. in Civil Rule No. 3331/1998 decided on 28-02-2001, Mr. Chouhan submits that a similar argument raised by the departmental authority seeking to deny the ex-gratia compensation to the widow of the deceased therein was turned down by this Court and a direction was issued to make payment of ex-gratia compensation within a period of 03 months. According to Mr. Chouhan, the case of his client is also covered by the said decision and hence, he submits that this writ petition be disposed of accordingly.

6. There is no dispute about the fact that the petitioner’s husband was discharging duty as PSO, in ordinary course, which had nothing to do with insurgency operation. Since the claim of the petitioner is based on the office memorandum dated 29-07-2006 (Annexure-K) to the writ petition, it would be necessary to reproduce the relevant paragraph of the notification which deals with ex-gratia compensation of Rs. 5,00,000/-.

“The Governor of Assam is pleased to order that, the families of the State Government employees, Home Guards, personnels of Army and Central Para Military Forces (CPMF) engaged in counter-insurgency operation in the State if killed while on duty or in connection with discharging of duly, as also the families of the Driver, Handyman and other employees of vehicles requisitioned by competent authority for law and order and other emergency duty if killed due to attack of extremists or antisocial elements and families of State Government employees killed due to hazardous nature of duty, shall be paid ex-gratia grant at the rates mentioned against each category below.”

7. The notification dated 29-07-2006 also makes provision for payment of ex-gratia compensation to the families of the Government employees who are killed while discharging their duties otherwise then those related to insurgency operation. The said clause is reproduced here-in-below for ready reference:

“In addition to above, families of the Government employees killed while eng