GAHC010011102026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/812/2026 RINA GOGOI W/O LATE AKONMAN GOGOI,RESIDENT OF VILLAGE- SUTURAHABI,P.S-

GAURISAGAR,P.O- KHANAMUKH,DIST.- SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,DISPUR, GHY- 06

2:THE CHIEF EXECUTIVE OFFICER ASSAM STATE DISASTER MANAGEMENT AUTHORITY SECRETARIAT DISPUR GHY-06

3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-07

4:THE DISTRICT COMMISSIONER JORHAT BARUAH CHOWK AT ROAD ATILAGAON JORHAT ASSAM 785001

5:THE COMMANDANT CISF UNIT ONGC JORHAT ASSAM

78500 For the Petitioner(s) : Mr. I. Amin, Advocate For the Respondent(s) : Mr. S.S. Roy, CGC Ms. K. Phukan, Govt. Advocate Ms. P.R. Mahanta, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

16.02.2026 Date :

Issue notice making it returnable on 20.03.2026.

2. Ms. P.R. Mahanta, the learned Standing Counsel appears on behalf of the respondent No. 1; Ms. K. Phukan, the learned Government Advocate appears on behalf of the respondent Nos. 2 to 4 and Mr. S.S. Roy, the learned CGC appears on behalf of the respondent Nos. 5 and accepts notice.

3. Extra copies of the writ petition be served upon the respective counsels by 17.02.2026.

4. The petitioner herein is the widow of one Akonman Gogoi (since deceased), who while serving as a Head Constable (General Duty) under the CISF, expired on 18.05.2021 due to Corona Virus (COVID-19) while performing his official duty.

5. The learned counsel for the petitioner submitted that in terms with the Notification dated 02.09.2020 as well as the Office Memorandum dated 08.10.2020, the petitioner being the widow of late Akonman Gogoi is entitled to an ex-gratia payment of Rs. 50,00,000/-. The learned counsel further submitted that all the documents in respect to the petitioner were duly submitted as far back as in the year 2021, as would be seen from Annexure-10 to the writ petition. The learned counsel further submitted that on 04.02.2025 various District Commissioners were intimated by the Joint Secretary to the Government of Assam, Revenue and Disaster Management Department to fill up certain deficiencies and the deficiency in the case of the petitioner's husband pertained to a verified photograph of the petitioner's husband.

6. Subsequent thereto, the Additional District Commissioner (H), Jorhat, had forwarded the verified photograph of the petitioner's husband on 20.05.2025. The grievance of the petitioner herein is that even after a passage of more than 5 years, the petitioner has not received the ex-gratia payment in spite of completion of all formalities. Under such circumstances, the petitioner has approached this Court.

7. The respondents herein are directed to bring on record their stand by filing the affidavits, as to why the petitioner has not been provided the ex-gratia payment.

8. This Court further observes that the issuance of the present notice shall not bar the respondents in the meantime from processing and disbursing the ex-gratia payment to the petitioner.

9. List accordingly.

JUDGE

Comparing Assistant