Gauhati High Court
Kananu Hembram vs The State Of Assam And 6 Ors on 25 March, 2021
Page No.# 1/3
GAHC010216352018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6741/2018
KANANU HEMBRAM
S/O- LATE PANDU HEMBRAM, NEPHEW OF LT MAJHI HEMBRAM, VILL-
JALESWARI (FV), P.O AND P.S- KACHUGAON, DIST- KOKRAJHAR, BTAD,
ASSAM, PIN- 783350
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR,
GUWAHATI- 6
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
REVENUE (DM)
RELIEF AND REHABILITATION DEPTT
DISPUR
GHY- 6
3:THE SECRETARY
TO THE GOVT OF ASSAM
REVENUE (DM) RELIEF AND REHABILITATION DEPTT
DISPUR
GHY- 06
4:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
PERSONNEL (B) DEPTT
DISPUR
GHY- 06
5:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
FINANCE DEPTT
DISPUR
Page No.# 2/3
GHY- 06
6:THE DEPUTY COMMISSIONER
KOKRAJHAR
P.O
P.S AND DIST- KOKRAJHAR
BTAD
ASSAM
PIN- 783370
7:THE CIRCLE OFFICER
GOSSAIGAON REVENUE CIRCLE
P.O AND P.S- GOSSAIGAON
DIST- KOKRAJHAR
BTAD
ASSAM
PIN- 78336
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : -25.3.2021
Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. P.S.Deka,
learned Standing Counsel, Revenue and Disaster Management Department. Ms. K. Phukan
learned State Counsel is present representing respondent Nos. 1,4,6 and 7.
The petitioner is the nephew of late Majhi Hembram who was killed by the extremist on
4.1.1999. The father of the petitioner late Pandu Hembram being the brothers of the victim
during his life time applied for ex-gratia grant under the scheme of the Government of
Assam and an amount of Rs.1 lakh as ex-gratia was sanctioned vide order dated 29.6.2005 in
his name. The ex-gratia grant of Rs.1 lakh was enhanced vide notification dated 22.6.2004
issued by the Govt. of Assam, Personnel (B) Department whereby the ex-gratia amount was
enhanced to Rs. 3 lakhs. Hon'ble Division Bench of this court passed a judgment dated
Page No.# 3/3
9.6.2010 in WP(C) No. 3350/2007 wherein it was held that the victim family was entitled to
the enhanced amount of ex gratia after adjustment of the amount already paid to them and
they would also be entitled to the benefit of preference in appointment and also under self
employment generation scheme as provided in the said scheme. By office memorandum
dated 29.7.2013 issued by the Govt. of Assam it was decided to provide Rs.3 Lakh as per
notification dated 22.6.2004 to the victim family died prior to 2004. The father of the
petitioner Pandu Hembram died on 30.7.2016 leaving behind the present petitioner. The
petitioner is the nephew of deceased victim. Issue was raised before this court and vide order
dated 28.9.2018 this court observed whether nephew would be included within the
expression "next of kin of persons(s) killed by extremist(s)" to enable receipt of ex gratia
payment from the Government.
Mr. Deka referred the office memorandum dated 3.4.2013 issued by the Govt of Assam,
General Administrative (A) Department wherein it was clarified that the nephew falls within
the term " next of kin of the persons killed by extremist". On query made to Mr. Deka as to
whether this memorandum dated 3.4.2013 relates to notification dated 22.6.2004 for ex
gratia grant he sought for some time in order to get the clarification . In view of the same
let this matter be again listed for admission on 21.4.2021.
JUDGE
Comparing Assistant
