Citation : 2023 Latest Caselaw 5077 Gua
Judgement Date : 15 December, 2023
Page No.# 1/3
GAHC010269462023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7161/2023
NIRMALA RONGHANGPI
W/O- LATE BIDEN ENGTI,
R/O- VILLAGE KANGKI ENGTI GAON,
P.O- PALAKAMATI,
P.S- HOWRAGHAT,
DIST- KARBI ANGLONG, ASSAM, PIN-782481
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM,
PERSONNEL (B) DEPARTMENT,
DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT (B) DEPARTMENT
DISPUR
GUWAHATI
PIN-781006
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI
PIN-781006
4:THE DEPUTY COMMISSIONER
KARBI ANGLONG
Page No.# 2/3
ASSAM
DISPUR
DIPHU
PIN-782460
5:THE SUPERINTENDENT OF POLICE
KARBI ANGLONG
ASSAM
DISPUR
DIPHU
PIN-78246
Advocate for the Petitioner : MR H TALUKDAR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 15.12.2023
Heard Mr. H. Talukdar, learned counsel for the petitioner; Ms. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 1, 4 & 5; Mr. P. Handique, learned counsel representing the respondent no. 2; and Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 3.
The learned counsel for the respondents have sought time to obtain instructions as to whether the case of the petitioner is covered by the judgment and order dated 09.06.2010 passed in the writ petition, W.P.[C] no. 3355/2007 [Dhaniswar Basumatary vs. State of Assam and others] wherein a Division Bench of this Court has held that the Next-of-Kin of the victim who has received the benefit of ex-gratia grant of Rs. 1,00,000/- under the earlier scheme, would be entitled to enhanced amount of ex gratia payment after adjustment of the amount already paid. While observing so, the Division Bench had taken note of Page No.# 3/3
the Notification no. ABP. 121/92/Pt-V/136 dated 22.06.2004.
List the case on 20.12.2023, as sought for by the learned counsel for the respondents.
JUDGE
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