Page No. 1/5 vs The State Of Assam And 5 Ors
2021 Latest Caselaw 182 Gua

                                                                  Page No. 1/5

GAHC010024392017




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

                         Case No. : WP(C)/3183/2017

         KAMALASHRI BASUMATARY and 2 ORS.
         W/O LT. KAMESWAR BASUMATARY, VILL-MAINAPURI, PO and PS
         KOKRAJHAR, DIST. KOKRAJHAR, BTAD, ASSAM, PIN-783370

         2: DAMAYANTI BASUMATARY
         W/O LT. RAJEN BASUMATARY
         VILL-TARAIBARI
          PO-CHORAIKHOLA
          PS-KOKRAJHAR
          DIST. KOKRAJHAR
          BTAD
         ASSAM PIN-783370

         3: JWNGMA [email protected] JWNGMA KUMAR BASUMATARY
          S/O LT. BAJAO BASUMATARY @ BIREN
         VILL- BHUMKA F.V
          PO-BISHMURI
          PS-KOKRAJHAR
          DIST. KOKRAJHAR
          BTAD
         ASSAM
          PIN-78337

         VERSUS

         THE STATE OF ASSAM and 5 ORS.
         REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM,
         REVENUE R and R and DISASTER MANAGEMENT DEPTT., DISPUR, GHY-6

         2:THE COMMISSIONER and SECRETARY TO THE GOVT OF ASSAM
          PERSONNEL B DEPTT.
          DISPUR
          GHY-6
                                                                                  Page No. 2/5

            3:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM
             FINANCE DEPTT.
             DISPUR
             GHY-6

            4:THE DEPUTY COMMISSIONER
             KOKRAJHAR
            ASSAM
             PIN-783370

            5:THE CIRCLE OFFICER

             KOKRAJHAR REVENUE CIRCLE
             KOKRAJHAR
             DIST. KOKRAJHAR
             ASSAM
             PIN-783370

            6:THE CIRCLE OFFICER
             DOTMA REVENUE CIRCLE
             DOTMA
             DIST. KOKRAJHAR
            ASSAM
             PIN-78337

Advocate for the Petitioner   : MR.S K M ALOMGIR

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 21-01-2021

Heard Mr. H.R. Ahmed, learned counsel for the petitioners and Mr. G. Pegu, learned Junior Government Advocate for the respondent nos. 2, 4, 5 & 6.

2. The case projected on behalf of the petitioners, 3 (three) in nos., is that the near relatives of the petitioners were killed and/or suspected to be killed in extremists violence prior to 22.06.2004. The petitioner no. 1 is the wife of one Late Kameswar Basumatary. The petitioner no. 2 and the petitioner no. 3 are the mother and the son of Late Ranjoy Page No. 3/5

Basumatary and Late Biren Basimatary @ Bajao respectively. Upon the deaths of their near relatives, the petitioners' families applied for ex-gratia grants before the respondent authorities in terms of the then prevalent scheme for ex-gratia under "the Assam Public Services (Appointment of Family Members of Persons Killed by Extremists/Terrorists) Rules, 1992" as the next of kin of each of the deceased persons.

3. The applications filed by the petitioners were duly examined and after proper verification, the respondent authorities sanctioned an amount of Rs. 1,00,000/- each to the petitioners' families as ex-gratia grants as the next of kin of the deceased persons under the Assam Public Services (Appointment of Family Members of Persons Killed by Extremists/Terrorists) Rules, 1992. The petitioner no. 1 was sanctioned ex-gratia grant of Rs. 1,00,000/- vide a letter dated 25.08.2004 [Annexure-1]. It is stated that for the death of Late Ranjoy Basumatary, the husband of the petitioner no. 2, Rajen Basumatary had applied earlier and the previous sanction order dated 08.06.2007 [Annexure-1(A)] was passed in the name of Rajen Basumatary who expired subsequently. On the other hand, the earlier sanction order dated 25.08.2004 [Annexure-1(B)] was passed in favour of Dhandi Basumatary, the mother of the deceased, Late Biren Basumatary @ Bajao and also of the petitioner no. 3 Dhandi Basumatary had expired subsequently leaving the petitioner as the next of kin of Late Biren Basumatary.

4. The Assam Public Services (Appointment of Family Members of Persons Killed by Extremists/Terrorists) Rules, 1992 stood repealed by a notification no. ABB.121/92/Pt-V/135 dated 22.06.2004. By another notification no. ABB.121/92/Pt-V/136 dated 22.06.2004, a new set of measures were formulated by the State Government to give relief to the affected families in the extremists violence. By the said notification no. ABB.121/92/Pt-V/136 dated 22.06.2004, the amount ex-gratia, payable to the next of kin of a person killed in extremists violence, had been enhanced to Rs. 3,00,000/-. The Government of Assam in the Personnel Department by its communication dated 05.08.2004 had intimated that the alternative measures formulated by the Government by notification dated 22.06.2004 would take effect from 22.06.2004.

Page No. 4/5

5. A Division Bench of this Court in a judgment and order dated 09.06.2010 passed in the writ petition, W.P.(C) 3355/2007 (Dhaniswar Basumatary vs. State of Assam and others ) had held that the next of kins of the victims who had received the benefit of ex-gratia grant of Rs. 1,00,000/- under the earlier scheme, would be entitled to the enhanced amount of ex-gratia payment after adjustment of amount already paid to them. After the Division Bench judgment dated 09.06.2010 passed in Dhaniswar Basumatary (supra), the Personnel Department, Government of Assam had issued an Office Memorandum dated 29.07.2013. Clause-5 of the said Office Memorandum dated 29.07.2013 had mentioned that the next of kin of the persons killed in extremists violence prior to 2004 who had received ex-gratia grant as per the repealed scheme, would be entitled to receive the enhanced amount after adjustment of amount already received.

6. Mr. Ahmed, learned counsel for the petitioner has referred to an order dated 08.03.2017 passed in W.P.(C) 1368/2017 (Golapjan Bewa @ Guleza Bewa & 13 others vs. the State of Assam and 11 others) whereby this Court in similar situation, had directed the petitioners, similarly situated like the present petitioners, to make proper applications before the respondent authorities and upon such applications being made, the respondent authorities would make an enquiry as to whether any near relatives of the petitioners therein were killed in any extremists violence prior to 22.06.2004 and in the event, upon such enquiry, the respondent authorities arrived at a conclusion that some near relatives of the petitioners were so killed and the degree of relationship with the petitioners entitled them to payment of the required compensation, the respondent authorities shall pass order for the purpose.

7. An affidavit-in-opposition has been filed by the respondent no. 1 wherein reference is made to the decision in Dhaniswar Basumatary (supra) and the Office Memorandum dated 29.07.2013.

8. Mr. Pegu has submitted that the present writ petition can be disposed of, at the admission stage, by directing the petitioners to submit proper application before the Deputy Commissioner, Kokrajhar and upon such application being filed, the Deputy Commissioner Page No. 5/5

shall examine and verify about the entitlement of the petitioners regarding enhanced ex- gratia amounts and thereafter, may forward a proposal to the respondent no. 1 who, in turn, shall disburse the enhanced ex-gratia grant if the petitioners are found entitled.

9. Having gone through the fact situation obtaining in the case, taking an overall view of the submissions advanced by the learned counsel for the parties and the rationale behind the policies so formulated, this Court is of the considered view that the claims for the relief in the form of additional ex-gratia grants to the petitioners made in this writ petition as the next of kin of deceased persons killed in extremists violence, the facts of which are briefly narrated above, are to be considered and verified first at the end of the Deputy Commissioner, Kokrajhar and after such verification and consideration by calling from the reports from the concerned Circle Officers wherever found necessary, the proposal shall thereafter, be forwarded by the Deputy Commissioner along with the reports to the respondent no. 1, for release of ex-gratia grants in terms of the notification dated 22.06.2004. The respondent 1 shall thereafter, release the quantum of additional ex-gratia grants to the petitioners if they are found entitled, in terms of the notification dated 22.06.2004 after adjustment of the amounts already paid for the death of the deceased persons, mentioned above.

10. The entire excise in respect of each of the cases involved in this writ petition should be completed by the above respondent authorities within a period of 3 (three) months form the date receipt of a certified copy of this order by the office of the respondent no. 4 i.e. the Deputy Commissioner, Kokrajhar along with a joint application and a copy of the writ petition with the annexures from the petitioners. The petitioners are directed to extend their cooperation during the process of verification likely to be undertaken to verify their claims.

11. With the observations made and the directions given above, this writ petition stands disposed of.

JUDGE

Comparing Assistant