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2025 Supreme(Online)(Pat) 1866

PATNA HIGH COURT
Dr. Anshuman, J
Sunita Devi – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Vijay Kumar Singh
For the Respondents: Mr. Sheo Shankar Prasad (Sc-8)

Table of Content
1. petitioner's husband died in a duty-related accident. (Para 2 , 3 , 4 , 7)
2. state's argument against ex-gratia grant discussed. (Para 6)
3. court's view on positive circular interpretation. (Para 8 , 9)
4. court orders ex-gratia payment to petitioner. (Para 10)

ORAL JUDGMENT

Date : 22-12-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s:-

“I. For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to pay the amount of Rs. 10 Lacs as ex-gratia grant to the petitioner pursuant to the Finance Department Resolution contained in memo no.78/2005-1441 dated 10.10.2013 on the ground that the husband of the petitioner met an accident on 11.07.2016 during the course of discharge of his duty and subsequently he died on 12.07.2016.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to pay the interest over the amount of ex-gratia grant to the petitioner on the ground that the delay has been occurred due to latches and inaction on the part of the Respon

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