GAHC010134932023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3673/2023 DEVI DUJ DAHAL S/O- LATE CHIB BRA DAHAL, R/O- VILL.- PCHIM UMLAPHER, P.O.

UMPANAI, P.S. BOITHALANGSU, DIST. WEST KARBI ANGLONG, ASSAM, PIN- 782413.

VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-6.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM RELIEF AND REHABILITATION DEPARTMENT DISPUR GHY-6.

3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL-B DEPARTMENT DISPUR GUWAHATI-6.

4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6.

5:THE DEPUTY COMMISSIONER WEST KARBI ANGLONG ASSAM PIN- 782462.

6:THE CIRCLE OFFICER DONKAMUKAM REVENUE CIRCLE DIST. WEST KARBI ANGLONG PIN- 782485 Advocate for the Petitioner : MR. A F N U MOLLAH, K ZAMAN,MR M RAHMAN Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT,MR P NAYAK ( R-2 & R-4),MS. S CHUTIA ( R-2 & R-4),MS. M BARMAN (R-1, R-3, R-5 &

R-6),SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

18.03.2026 Date :

Heard Mr. A.F.N.U. Mollah, learned counsel, appearing for the petitioner. Also heard Ms. M. Barman, learned Government Advocate, appearing for the respondent nos.1, 3, 5 & 6; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue & Disaster Management Department, appearing for the respondent no.2; Mr. A. Chaliha, learned Standing Counsel, Finance Department, appearing for the respondent no.3.

2. The petitioner by way of instituting the present writ petition has prayed for a direction upon the respondent authorities for releasing an additional ex-gratia amount of Rs.2,00,000/- (Rupees Two Lakhs) on account of the death occasioning to his brother on account of extremist activities.

3. The petitioner has projected that his brother namely Ganesh Shyam Dahal was killed by extremist way back in the year 2000. It is further projected that in terms of the scheme in force at the relevant point of time an amount of Rs.1,00,000/- (Rupees One Lakh) was authorized to the wife of brother of the petitioner, as ex-gratia compensation for the death of the petitioner’s brother. However, the said ex-gratia compensation amount was enhanced by a subsequent notification dated 22.06.2004 and the ex-gratia amount now payable was enhanced to Rs.3,00,000/-(Rupees Three Lakhs).

4. Subsequent thereto, another Office Memorandum came to be issued on 29.07.2013. The said Office Memorandum was issued in pursuance to the direction passed by the Division Bench of this Court in WP(C) No.3355/2007. In Clause (v) of the said Office Memorandum dated 29.07.2013, it was stipulated that in case of persons killed in extremist violence prior to 2004 but whose relatives did not apply for any appointment prior to 22.06.2004 and had applied after 22.06.2004 and may or may not have received ex-gratia grant under the 2004 Notification i.e. Rs.3,00,000/- they shall be given appropriate ex-gratia payment in terms with the Notification dated 22.06.2004 adjusting the amount already received if any and they shall also be entitled to be considered under the Scheme envisaged in the Government Circle vide Notification dated 22.06.2004.

5. In view of the provisions of the notifications dated 29.07.2013, the enhanced ex-gratia amount of Rs.3,00,000/- (Rupees Three Lakhs) is also required to be authorized in respect of persons killed on account of extremist violence prior to 22.06.2024. Accordingly, on account of the death occasioning in respect of the brother of the petitioner, which is due to extremist violence, the wife of the brother of the petitioner would be entitled to the enhanced compensation of Rs.3,00,000/- (Rupees Three Lakhs).

6. The wife of the brother of the petitioner having already been authorized Rs.1,00,000/- (Rupees One Lakh), the balance amount of Rs.2,00,000/- is now required to be authorized to the wife of the petitioner. This