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Supreme Court of India
THE HONOURABLE MR. JUSTICE S.B. SINHA & THE HONOURABLE MR. JUSTICE CYRIAC JOSEPH
State of Jharkhand & Others
Versus
Shiv Karampal Sahu
Civil Appeal No. 2539 of 2009 (Arising Out of S.L.P. (Civil) No. 21306 of 2006)
Decided on : 15-04-2009
(2006) 5 SCC 766; 2008(4) SCALE 637; (2008) 10 SCC 1; (2009) 4 SCALE 282; (2009) 4 SCC 645 – Relied upon
(b) Interpretation – Circulars – A benevolent circular cannot be extended to a case not contemplated thereby. (Para 12)
AIR 1985 SC 278; (2004) 5 SCC 385 – Relied upon
(c) Interpretation of statute – Subordinate legislation – Rule of incorporation by reference should not be applied unless a clear case is made out therefor – General circulars in regard to the appointment on compassionate ground in government service cannot be read into the Circular dated 21.9.1987 regarding appointment on compassionate ground to kin of victim of terrorist attack. (Para 13)
JT 2007 (13) SC 436 – Relied upon
(d) Interpretation of statute – Subordinate legislation – Retrospectivity – A subordinate legislation should not be construed to be retrospective in operation – Circular dated 9.8.2000 not given retrospective effect – Bihar circular adopted only in respect of cases where death had occurred after 15.10.2000 – Respondent’s father dying on 19.5.2000 – Jharkhand circular not applicable. (Para 14)
Facts of the case:
The State of Bihar took a policy decision to grant monetary compensation to the victims of the incidents of terrorist/virulent/communal confrontations/violence relating to the Election/Joint murders by way of ex-gratia payment.
The State of Bihar adopted another scheme for grant of appointment on compassionate ground to the dependents of those who have been killed in the terrorist attacks.
Father of the respondent was not a government servant. He was allegedly killed by extremists on 19.5.2000.
Respondent filed a representation for his appointment on compassionate ground on or about 5.11.2000. The same was rejected by the Deputy Commissioner, Gumla.
However, on or about 7.5.2003, the Government of Jharkhand took a policy decision that the matter relating to the appointment of the dependent of the deceased in the terrorist violence should be given effect to in respect of those persons who had been killed in violence after the date of formation of the State of Jharkhand, i.e., dated 15.10.2000.
Therefore the representation of the respondent was rejected in the meeting of the District Compassion Committee held on 5.4.2005
The Division Bench of the High Court by reason of the impugned judgment opined that although the respondents have been paid a sum of Rs. 20,000/-as compensation, but having regard to the circulars issued by the State of Jharkhand in the matter of appointment on compassionate ground in general cases within a period of five years from the date of death, the same would also cover the instant case.
Finding of the Court:
Impugned judgment cannot be sustained.
Result:
Appeal allowed.
Judgment :-
S.B. SINHA, J.
1. Leave granted.
2. Interpretation and/or application of two circulars; one dated 21.9.1987, and the other dated 9.8.2000 relating to grant of monetory compensation and/or appointment on compassionate ground falls for consideration in this appeal which arises out of a judgment and order dated 28.10.2005 passed by a Division Bench of the High Court of Jharkhand at Ranchi allowing a writ petition filed by the respondent herein seeking for appropriate direction to the appellant to provide appointment on compassionate ground as per the Scheme framed by the Government.
3. The State of Bihar keeping in view a large number of casualties which have been taking place at the hands of naxalties and/or extremists took a policy decision to grant monetary compensation to the victims of the incidents of terrorist/virulent/communal confrontations/violence relating to the Election/Joint murders by way of ex-gratia payment. The said decision was taken keeping in view a judgment of the High Court of Patna relating to grant of ex-gratia payment to the dependents of the persons/injured in the terrorist incidents which had taken place at Arbal Police Station in the District of Gaya and further in view of the fact that similar incidents had taken place within Madanpur Police Station Baghoura and Dalelchuk villages of District Aurangabad in terms whereof in case of death, a sum of Rs.20,000/-was to be paid to the dependents of each deceased and in case of permanent disability a sum of Rs.5,000/-, and in case of serious injury Rs.500/- to Rs.1000/- was to be paid.
4. No ex-gratia payment was to be made in favour of the persons who were terrorist /virulent or listed criminal. Monetory compensation was also proposed in the case of destruction or damage to the properties subject to the conditions mentioned in the said circulars. Various other types of grants like the one for the help of the students of the families and free medical treatment to the injured persons were also stipulated thereunder. Other measures by way of contingent expenses were also contemplated thereby.
5. Indisputably, father of the respondent was not a government servant. He was allegedly killed by extremists on 19.5.2000.The State of Bihar adopted another scheme for grant of appointment on compassionate ground to the dependents of those who have been killed in the terrorist attacks, as would appear from a circular dated 9.8.2000, stating:
"I am directed to say that the incidents of terrorist/ virulent/ communal confrontations/ violence relating to the Election/joint murders have been occurred in the State and usually the affected of such attacks are found innocent persons and their dependents. Sometimes the whole family is become like dead. In such circumstances, being the Government of the welfare State, providing of ex-gratia and other facilities to the persons and their dependants who have affected in the terrorist /virulent /communal confrontation /violence relating to the Election/joint murders becomes the duty of the State Government. The State Government has always been putting efforts in this direction. Here, recently only, the Honble High Court has also given an order for determining a transparent policy in this regard in a case relating to Dharamshila Kunwar versus Government of the State and others (CWJC No.5808/97)
1. Till date the sufferers of the violence incident happened due to terrorists /virulent /communal confrontation in the State and their dependents have been sanctioned ex-gratia according to the provisions made in the Circular from the Department of Home (Special) Affairs bearing No.A/N.Pol. 1701 dated 21.09.1987 (Annexure-1). According to the said Circular the dependents of the persons died in the above said kinds of incidents Rs.20,000/-(Rupees Twenty thousand only), suffered permanent disability Rs.5,000/- (Rupees Five thousand only) and to the seriously injured persons Rs.500/- to Rs.1,000/-(From Rs. Five hundred to Rs. One thou
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