Notification revising ex-gratia compensation applies only prospectively; incidents occurring prior are governed by earlier regulations.

JUDGMENT :

KARDAK ETE, J.

Heard Mr. R.M. Choudhury, learned counsel for the petitioner. Also heard Mr. A. Bhattacharya, learned Standing Counsel, Revenue; Mr. J. Handique, learned Standing Counsel, GA, Assam; Ms. H. Baruah, learned counsel for the respondent no.1 and Ms. B. Bora, learned counsel for the respondent no.6.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to pay the ex-gratia grant of Rs. 5,00,000/- in terms of the notification dated 15.11.2014, by which the quantum of relief in respect of persons who were killed/injured due to extremist violence/ terrorist violence/acts of miscreants/communal violence etc. has been revised.

3. The father of the petitioner late Santal Daimari, resident of village : Bagwntola, PO, P.S and District – Udalguri, BTC(BTR), Assam was killed by the miscreants on 08.03.1989 and the dead body was thrown in the river Dhansiri. Accordingly, a case was registered as Udalguri P.S Case No.62/1989 under Section 3 02 /201/34 IPC R/W Section 3 /4 TADA (P) Act.

4. The petitioner, being a son of late Santal Daimari was paid ex-gratia grant of Rs.1,00,000/- in terms of the Assam Public Services (appointment of family members and persons killed by the extremist/terrorist, Rules, 1992) which has been repealed subsequently.

5. It is the contention of the learned counsel for the petitioner that the Government of Assam in the Revenue and Disaster Management Department vide notification dated 15.11.2014 has revised the quantum of relief of ex-gratia grant payable to the Next of Kin of the persons who were killed/injured by the extremist/ terrorist / miscreants/ up to Rs. 5,00,000/-. Since the father of the petitioner was killed by unknown miscreants/extremist, the petitioner is entitled to receive an enhanced ex-gratia grant of Rs. 5,00,000/- in terms of the notification dated 15.11.2014.

6. The respondent authorities have placed the instructions from the Joint Secretary to the Government of Assam and Revenue and Disaster Management Department, which reflects that as per record, Shri Nah Daimari, Next of Kin of late Santal Daimari had already been benefited with the additional ex-gratia grant of Rs.2,00,000/- as per the Government Office Memorandum dated 29.07.2013 in addition to an earlier amount of Rs. 1,00,000/- granted by the Government vide Sanction dated 23.07.1993.

7. In view of the above instruction, the learned counsel for the petitioner was granted three weeks time to obtain instruction, way back on 31.10.2022. However, today Mr. R.M. Choudhury, learned counsel for the petitioner has unable to place any instruction except to submit that the petitioner has only been paid Rs.95,000/- and even not Rs. 1,00,000/- in terms of the earlier notification for payment of ex-gratia grant.

8. Having considered that the learned counsel for the petitioner has not been able to produce any instruction even after lapse of nearly three years and has failed to show that the petitioner would be entitled to a payment of Rs. 5,00,000/- as ex-gratia grant to the petitioner, this Court deem it appropriate to consider and dispose of this writ petition on the basis of materials available on record.

9. Admittedly, the petitioner has been granted an amount of Rs. 1,00,000/- as ex-gratia grant which has been received in terms of the Government Sanction dated 23.07.1993. The petitioner appears to have been granted additional amount of Rs.2,00,000/- as per the Office Memorandum dated 29.07.2013, which was in vogue at the relevant point of time.

10. The State of Assam by notification dated 15.11.2014 has revised the quantum of ex-gratia grant of Rs. 5,00,000/-