S.J. Mukhopadhaya, A.C.J.

1. In all these cases, the petitioners, who claim to be the dependent (s) of the person (s), killed by the extremists, have prayed for direction (s) to pay compensation and/or to provide appointment on compassionate ground, as per the Governments scheme. The grounds/ cause being common, all the writ applications have been heard together and are being disposed of by this common order.

2. Before deciding the claim of individual petitioner, it is necessary to notice relevant guidelines, issued by the State Government from time to time for payment of compensation and/or appointment on compassionate ground to the dependent (s) of those, killed by the extremists, which are discussed hereunder :

The then State of Bihar from its Home (Special) Department initially circulated a scheme vide Letter No. 1701, dated 21st September, 1987, whereby and whereunder, it was decided to give compensation to the dependent (s)/injured, who are killed/injured by the terrorist/extremists attack or in communal riots. It was decided to pay the dependent of a deceased Rs. 20.000/-, including those, who remain traceless for more than seven years and are presumed to be dead, due to terrorist/extremist attack or in communal riots. A sum of Rs. 5000/-was also fixed for those, who became permanently disabled and a sum of Rs. 500-1000/- was fixed for the injured. However, it was made clear that such compensation shall not be paid to a person, who himself was a terrorist/extremist or is a listed criminal.

Subsequently, the then Government of Bihar through its Home (Special) Department made provision for compassionate appointment to the dependent of deceased, died in terrorist/extremist attack or in communal riots or during election violence or if died in mass carnage. Said decision was communicated vide Letter No. 1972, dated 9th August, 2000, having Memo No. 56, dated 4th September, 2000. Compensation amount was also enhanced from Rs. 20.000/- to Rs. 50.000/- to the dependent, Rs. 5.000/- was enhanced to Rs. 10.000/-if a person becomes permanently disabled and Rs. 500-1000/- was enhanced to Rs. 2,000/- in case of grievous injury. In special case, the Chief Minister of the State was empowered to pay compensation up to Rs. 1,00,000/- apart from appointment on compassionate ground to a dependent.

After re-organization of the State and creation of the State of Jharkhand with effect from 15th November, 2000 the aforesaid scheme, circulated by Letter No. 1701, dated 21st September, 1987, as modified by Letter No. 1972, dated 9th August, 2000, having Memo No. 56, dated 4th September, 2000, continued to remain in force.

Government of Jharkhand, of its own, while issued similar scheme, circulated vide Home Departments Letter No. Grih. Sa.-5-49/2000-3002, dated 4th November, 2001. decided to pay Rs. 50.000/- as compensation to dependent of a deceased, if died during terrorist/extremist attack or in caste notes or during election violence and/or mass carnage. It was also decided to pay Rs. 1000/- as compensation to a permanent disabled person; Rs. 2.000/- as compensation to grievously injured person etc. The Chief Minister was empowered to grant compensation upto Rs. 1,00,000/- to the dependent of a deceased. Under this scheme, Government of Jharkhand also made it clear that such compensation shall not be granted to a person or dependent of such person, who himself was terrorist/extremist or a listed criminal or dies in police encounter or police firing or becomes disabled or injured. A separate scheme was circulated for compassionate appointment by the Government of Jharkhand vide Home Departments resolution dated 7th May, 2003, circulated vide Memo No. Gri. Sa.-5-49/2000-2269, Ranch! dated 7th May, 2003. It was again made clear that compassionate appointment will not be made to such person or dependent, who himself was terrorist/extremist or a listed criminal or died in police encounter or police firing. So far as the definition of dependent an