R. Banumathi, C.J. - Based upon the newspaper report published in the Hindustan Times dated 24.1.2011, the petitioner has filed this Public Interest Litigation to issue writ of mandamus directing the respondents to immediately settle all claims of compensation and Government employment as per the existing schemes for civilian deaths that might have occurred in the course of violence between the State Security Forces and the Naxalities and for other directions.

2. The petitioner claims himself to be a human rights activist and to be working for the rights of workers in the unorganized sector especially for Tendu Leaf Pickers in West Singhbhum district of Jharkhand and for other human rights issues.

3. The case of the petitioner is that there are revised guidelines of the Central Scheme for assistance to civilian victims/family of victims of terrorist, communal and naxal violence dated 25.1.2010, which states that an amount of Rs.3,00,000/- (Rs.3 lakhs) would be given for each death or permanent incapacitation to the affected family under the scheme. According to the petitioner, in various districts, like West Singhbhum, East Singhbhum, Simdega, Gumla, Lohardaga, even though many persons were killed in violence between the police force and the banned armed groups, compensation and Government employments had not been granted to the families of the deceased who died as early as in 2001. The petitioner has sought and obtained information under the Rights to Information Act and has furnished in paragraph 15 of the petition the details of information as to the number of deaths and compensation disbursed. Alleging that the respondents have failed to implement the then Schemes for providing relief and rehabilitation to the victims of the violence, the petitioner has filed this PIL with the prayer that the respondents are to be directed to evolve an effective mechanism for grant of compensation and for implementation of rehabilitation measures for the victims of the violence.

4. The State of Jharkhand has filed a detailed supplementary counter-affidavit stating that the State of Jharkhand is committed for payment of ex gratia to the victims or their dependents who died/injured in Naxal violence. Referring to the schemes of the State Government and also the Central Government schemes, it is stated that during 2009-10, there were 64 reported cases of civilian death/injury in Naxal violence and during the year 2010-11, there were 96 reported cases of civilian deaths/injury and in such cases (64 + 96), compensation has been paid to all the victims/dependents as per the scheme prevalent on the date of incident. It is further stated that the State of Jharkhand is very sincere and conscientious with respect to payment of compensation to the victims/dependents of Naxal violence and that the State Government is regularly paying compensation to the victims of Naxal violence as per the policy decision of the State of Jharkhand and has paid crores of rupees as compensation and therefore, this Public Interest Litigation is liable to be dismissed.

5. We have heard learned counsel for the petitioner, Mr.Anup Kumar Agrawal, and Mr. Rajiv Ranjan Mishra, learned GP – II, for the respondent-State of Jharkhand.

6. It is seen from the supplementary counter-affidavit that on the date creation of the State of Jharkhand (i.e. on 15.11.2000), only the State Government had policy to grant compensation to the victims/dependents of Naxal violence as per the circular of the State of Bihar No.1972 dated 9.8.2000, by which provision had been made for payment of compensation of Rs.50,000/- to the victims of Naxal violence/dependents. After creation of the State of Jharkhand, the Government of Jharkhand issued circular no.3002 dated 8.11.2001 by which provision has been made for payment of compensation of Rs.50,000/- in case of death, Rs.10,000/- in case of permanent disability and Rs.2000/- in case of serious injury to the victims of Naxal violence or their depen