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DEVASHIS BARUAH
Momi Saikia, D/o. Lt. Loknath Saikia – Appellant
Versus
State Of Assam, Rep. By The Comm. and Secy. To The Govt. Of Assam, Assam Accord Implementation Deptt. – Respondent
JUDGMENT :
The instant writ petition has been filed by the Petitioner seeking a direction upon the concerned Respondent Authorities for payment of the ex-gratia compensation a of Rs.5 lakhs under the Government of Assam to the martyrs family.
2. The facts as could be discerned from the materials on record reveals that the Petitioner admittedly is the daughter of Late Loknath Saikia who was killed by the police when he was participating in the Assam movement on 30.11.1981. The Petitioner on coming to learn about the said ex-gratia compensation scheme of the Government of Assam applied for the said grant of Rs. 5 lakhs but the same was refused on the ground that the said amount have been already disbursed to the Respondent No. 4 who is the brother of Late Loknath Saikia. It is under such circumstances that the instant writ petition has been filed. The Petitioner in the said writ petition have enclosed the certificate issued by Additional Deputy Magistrate, Nagaon dated 13.08.2017 issued in pursuance to Rule 2(a) of the Assam Public Service (Preferential Appointment) Rules, 1999 certifying that her father was killed in connection with the participation in the Assam movement on the pro
The rightful beneficiary of ex-gratia compensation should be determined and the amount should be disbursed accordingly, without wrongful deprivation.
Notification revising ex-gratia compensation applies only prospectively; incidents occurring prior are governed by earlier regulations.
Point of Law : Observing that dominant purpose of policy is to provide some succour immediately to the Next of Kin [NoK] of the deceased to tide over the initial shock and hardship before lodging cla....
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