Page No.# 1/9 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 9592 Gua

Gauhati High Court

Page No.# 1/9 vs The State Of Assam And 5 Ors on 16 December, 2025

                                                                      Page No.# 1/9

GAHC010204032021




                                                               2025:GAU-AS:17403

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

                         Case No. : WP(C)/6690/2021

         NAH DAIMARI
         S/O. LT. SANTAL DAIMARI, VILL. BAGWNTOLA, P.O., P.S. AND DIST.
         UDALGURI, BTC (BTR), ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, FINANCE
         DEPTT., ASSAM, DISPUR, GUWAHATI-781006.

         2:THE CHIEF SECRETARY

          TO THE GOVT. OF ASSAM
          DISPUR
          GUWAHATI-781006.

         3:THE ADDL. CHIEF SECRETARY
          REVENUE AND DISASTER MANAGEMENT DEPTT.
          DISPUR
          GUWAHATI-06.

         4:THE DEPUTY COMMISSIONER UDALGURI

          B.T.C (BTR) ASSAM
          PIN-784509.

         5:THE CEPUTY COMMISSIONER

          DARRANG
          MANGALDOI
          PIN-784125.
                                                                                    Page No.# 2/9

            6:THE BODOLAND TERRIORIAL COUNCIL
             REP. BY THE PRINCIPAL SECRETARY
             KOKRAJHAR
             BTAD (BTAR)
            ASSAM

Advocate for the Petitioner   : MR. R M CHOUDHURY,

Advocate for the Respondent : , MR. S R RABHA (SC, BTC, R-6),MS. S SARMA (GA, ASSAM, R-

2,4,5),MR. R BARPUJARI (SC, FINANCE AND SC, REVENUE & DISASTER MANAGEMENT DEPT., R-1,3)

BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

Date on which judgment is reserved : N/A

Date of pronouncement of judgment : 16.12.2025

Whether the pronouncement is of the Operative part of the judgment : No

Whether the full judgment has been Pronounced : Yes

Judgment & Order(Oral)

Heard Mr. R.M. Choudhury, learned counsel for the petitioner. Also heard Mr. A. Bhattacharya, learned Standing Counsel, Revenue; Mr. J. Handique, learned Standing Counsel, GA, Assam; Ms. H. Baruah, learned counsel for the respondent no.1 and Ms. B. Bora, learned counsel for the respondent no.6.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to pay the ex-gratia grant of Rs. 5,00,000/- in terms of the notification dated 15.11.2014, by Page No.# 3/9

which the quantum of relief in respect of persons who were killed/injured due to extremist violence/ terrorist violence/acts of miscreants/communal violence etc. has been revised.

3. The father of the petitioner late Santal Daimari, resident of village : Bagwntola, PO, P.S and District - Udalguri, BTC(BTR), Assam was killed by the miscreants on 08.03.1989 and the dead body was thrown in the river Dhansiri. Accordingly, a case was registered as Udalguri P.S Case No.62/1989 under Section 302/201/34 IPC R/W Section 3/4 TADA (P) Act.

4. The petitioner, being a son of late Santal Daimari was paid ex-gratia grant of Rs.1,00,000/- in terms of the Assam Public Services (appointment of family members and persons killed by the extremist/terrorist, Rules, 1992) which has been repealed subsequently.

5. It is the contention of the learned counsel for the petitioner that the Government of Assam in the Revenue and Disaster Management Department vide notification dated 15.11.2014 has revised the quantum of relief of ex-gratia grant payable to the Next of Kin of the persons who were killed/injured by the extremist/ terrorist / miscreants/ up to Rs. 5,00,000/-. Since the father of the petitioner was killed by unknown miscreants/extremist, the petitioner is entitled to receive an enhanced ex-gratia grant of Rs.

Page No.# 4/9

5,00,000/- in terms of the notification dated 15.11.2014.

6. The respondent authorities have placed the instructions from the Joint Secretary to the Government of Assam and Revenue and Disaster Management Department, which reflects that as per record, Shri Nah Daimari, Next of Kin of late Santal Daimari had already been benefited with the additional ex-gratia grant of Rs.2,00,000/- as per the Government Office Memorandum dated 29.07.2013 in addition to an earlier amount of Rs. 1,00,000/- granted by the Government vide Sanction dated 23.07.1993.

7. In view of the above instruction, the learned counsel for the petitioner was granted three weeks time to obtain instruction, way back on 31.10.2022. However, today Mr. R.M. Choudhury, learned counsel for the petitioner has unable to place any instruction except to submit that the petitioner has only been paid Rs.95,000/- and even not Rs. 1,00,000/- in terms of the earlier notification for payment of ex-gratia grant.

8. Having considered that the learned counsel for the petitioner has not been able to produce any instruction even after lapse of nearly three years and has failed to show that the petitioner would be entitled to a payment of Rs. 5,00,000/- as ex-gratia grant to the petitioner, this Court deem it appropriate to consider and dispose of this writ petition on the basis of materials available on record.

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9. Admittedly, the petitioner has been granted an amount of Rs. 1,00,000/- as ex-gratia grant which has been received in terms of the Government Sanction dated 23.07.1993. The petitioner appears to have been granted additional amount of Rs.2,00,000/- as per the Office Memorandum dated 29.07.2013, which was in vogue at the relevant point of time.

10. The State of Assam by notification dated 15.11.2014 has revised the quantum of ex-gratia grant of Rs. 5,00,000/- to the Next of Kin of persons killed and whose age is 18 years or above by extremist/ terrorist / miscreants, during communal /ethnic/group clashes and due to firing of security forces and to the Next of Kin of person killed and whose age is below 18 years to Rs.3,00,000/-. The notification is extracted herein under :

GOVERNMENT OF ASSAM REVENUE & DISASTER MANAGEMENT DEPARTMENT RELIEF & REHABILITATION BRANCH

No.RR.33/2014/66 Dated Dispur, the 15th November/2014

NOTIFICATION

The Governor of Assam is pleased to revise the quantum of relief in respect of persons, who were killed / injured due to extremist violence/ terrorist violence / acts of miscreant/communal violence/ethnic violence/group clash/firing of security forces/accident etc., who were kidnapped /abducted by extremist/ terrorist / miscreants and whose dwelling houses are fully burnt / damaged whether due to acts of extremist/terrorist/miscreants or during communal violence I ethnic violence/group clash.

This notification shall come into force with immediate effect.

The revised rates shall be applicable in respect of the incidents, which may occur in the State as on or after the date of issue of the notification in super session of the previous notifications in Page No.# 6/9

this regard. The incidents prior to 15th November, 2014 will be governed by the O.M. / notifications relevant to the period concerned.

SL No. Nature of Incident Quantum of relief

1. Ex-gratia grant to the NOK of persons killed and whose Rs. 5,00,000.00.

(the person killed) age is 18 years or above-

1. by extremist/terrorist/miscreants (when as per the report of Police, the killing is not a result of private dispute)

2. during communal/ethnic/group clashes

3. due to the firing of security forces (if the person killed is innocent as per report of Deputy Commissioner/ Superintendent of Police etc.)

2. Ex-gratia grant to the NOK of persons killed and whose Rs.3,00,000.00 (the person killed) age is below 18 years -

1. by extremist/terrorist/miscreants (when as per the report of Police, the killing is not a result of private dispute)

2. during communal/ethnic/group clash

3. due to the firing of security forces (if the person killed is innocent as per report of Deputy Commissioner /Superintendent of Police etc.)

3. Ex gratia to the NOK of person killed due to accident Rs.2,00,000.00 in public places or in public carriers (other than killed by extremist/terrorist /miscreants and due to the firing of security forces)

4. Ex gratia to the NOK of persons kidnapped/ Rs. 5,00,000.00 abducted by terrorist /extremists/miscreants and whose age is 18 years or above.

5. Ex gratia to the NOK of persons kidnapped Rs.3,00,000.00 / abducted by terrorist /extremists/miscreants and whose age is below 18 years.

6. Financial assistance to those who sustain simple injury- Rs.20,000.00

1. due to the act of terrorist / extremists/miscreants (when as per the report of Police, the injury is not a result of private dispute) Page No.# 7/9

2. during communal/ethnic/group clash

3. due to the firing of security forces (if the injured person is Innocent)

7. Financial assistance to those who sustain grievous injury- Rs.1,00,000.00

1. due to the act of terrorist/extremists/miscreants (when as per the report of Police, the injury is not a result of private dispute)

2. during communal/ethnic/group clash

3. due to the firing of security forces (if the injured person is innocent)

8. Financial assistance to persons who become permanently Rs.3,00,000.00

Invalid-

1. due to the act of terrorist / extremists/miscreants (when as per the report of Police, the injury is not a result of private dispute)

2. during communal/ethnic/group clash

3. due to the firing of security forces (if the permanently invalid person is innocent)

9. Rehabilitation grant to all those whose dwelling Rs.50,000.00 houses are fully burnt / damaged whether due to acts of extremist / terrorist /miscreants or during communal/ ethnic/group clashes irrespective of the nature of rights/ title over land.

Sd/-

(S. C. Das, IAS) Additional Chief Secretary,

Revenue & D.M. Department.

Memo No.RR.33/2014/66-A Dated Dispur, the 15th November/2014.

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11. Perusal of the above notification clearly reflects that the revised quantum of ex-gratia grant shall be applicable in the respect of the incidents which may occur in the State as on or after the date of the issue of the notification and the incidents prior to 15.11.2014 will be governed by the notifications relevant to that period.

12. Undisputably, the incident in the present case occurred in the year 1989. The petitioner was paid Rs.1,00,000/- in terms of the relevant notifications which were in vogue at the relevant point of time. Thereafter, the petitioner has been extended the benefit of additional ex-gratia grant of Rs. 2,00,000/- in terms of the Office Memorandum dated 29.07.2013.

13. The notification dated 15.11.2014 issued by the State Government, inter-alia, revising the ex-gratia compensation to Rs. 5,00,000/- and Rs. 3,00,000/- would only apply to the incident as on or after 15.11.2014 and the incident prior to 15.11.2024 would be governed by the relevant notification for that period. Thus, in my view, the petitioner would not be entitled to revised ex-gratia grant of Rs. 5,00,000/- in terms of the notification dated 15.11.2024 as the incident undisputedly occurred in the year 1989, which is much prior to the notification dated 15.11.2014.

14. In view of the above, the petitioner would not be entitled for any revised ex-gratia grant in terms of the notification dated 15.11.2024 as the said notification would not be applicable to the Page No.# 9/9

case of the petitioner, more so, the petitioner having been already paid the Rs.1,00,000/- initially and then another additional Rs.2,00,000/- in terms of the relevant Government Policy/Scheme/Notification which was in vogue at the relevant point of time. Thus, there is no merit in this writ petition.

15. Accordingly, this writ petition stands dismissed.

JUDGE

Comparing Assistant