The court ruled that the deceased was on disaster management duty at the time of the accident, establishing entitlement to Ex-Gratia compensation under the relevant government notification.

JUDGMENT :

Heard Mr. A.K. Purkayastha, learned counsel for the petitioners. Also heard Mr. N. Ratan, learned Additional Advocate General, State of Arunachal Pradesh for the State respondents and Mr. T. Tagum, learned counsel for the respondent No.11.

2. In this petition under Article 226 of the Constitution of India, 4(four) petitioners, namely, Smt. Yapi Regon, her daughter Miss Trisha Regon, her two sons Mr. Johnson Regon and Mr. Gemoling Regon, have challenged the decision dated 30.06.2022, by which the claim of the petitioners for payment of Ex-Gratia compensation in terms of Government notification dated 06.11.2019 was rejected and also to issue direction to the respondent authorities to provide Ex-Gratia compensation of Rs.50,00,000/- in terms of the aforementioned notification.

Background facts:-

3. The background facts leading to filing of the present petition are adumbrated herein below:-

“The husband of the petitioner Late Amost Regon was serving as Constable in 5th Indian Reserve Battalion, Roing and he was posted at Shantipur Checkgate of Lower Dibang Valley District, Arunachal Pradesh. On 12.05.2020, at around 1830 hours, late Constable Amost Regon was on round the clock duty at Shantipur Checkgate in view of the Covid-19 pandemic along with his section of personnel from D-Coy of 5th IRBN and they were entrusted with the responsibility of patrolling along with the porous Assam-Arunachal Pradesh border. On that day, he got an information that some miscreants of Assam were trying to enter through Daran village into Arunachal Pradesh and to cross check the aforesaid information, constable Amost Regon went to the said village on his motorcycle and he has cross check the information on spot verification of the fact and while he was returning to the check gate, he met with an accident by colliding with the iron barricade of the check gate and got serious injuries and he was taken to the District Hospital, Roing, where he was declared brought dead. Thereafter, one FIR was lodged with the Roing Police Station by the petitioner No.1, upon which the Officer-In-Charge, Roing Police Station registered one FIR, being FIR No.26/2020, dated 12.05.2020 under Section 279/304(A) IPC and carried out investigation and during the course of investigation, the investigating officer got the post mortem conducted on the dead body of the deceased and thereafter, handed over the same to his family members for performing his last rites and after completion of investigation, the I.O., namely, Mohan Mili has submitted final report, being Final Report No.55/2020 on 07.10.2020 under Section 173 before the Court of learned Chief Judicial Magistrate, Roing. Thereafter, on 28.12.2020 the petitioner No.1 filed an application with the Office of the Superintendent of Police, Roing, Lower Dibang Valley District for providing Ex-Gratia compensation. Then the said application was forwarded to the Deputy Commissioner, Lower Dibang Valley District for constituting a board to assess the admissibility of Ex-Gratia compensation to Government servant, who lost his life while on duty. Thereafter, the Deputy Commissioner, Roing, Lower Dibang Valley District had returned the said letter along with filled up form stating the reason that the matter pertaining to Ex-Gratia payment to the husband of the petitioner No.1 does not fall under their purview vide letter dated 11.01.2022. Thereafter, the matter was again taken up with the Deputy Commissioner informing that in terms of Government notification No.HMB(A)-11/97/Pt, dated 06.11.2019, Ex-Gratia is entitled to all those State Police personnel of Arunachal Pradesh, Arunachal Pradesh Armed Police Battalion and IRBN personnel irrespective of their rank, who are killed or permanently disabled or grievously/seriously injured while fighting terrorists/militants, criminals, underground elements or while performing law and order duties or disaster management duties in the State of Arunachal Pradesh.

Thereafter, the Deputy Commi