Page No.# 1/6 vs The State Of Assam And 7 Ors
2025 Latest Caselaw 2492 Gua

Gauhati High Court

Page No.# 1/6 vs The State Of Assam And 7 Ors on 30 January, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                  Page No.# 1/6

GAHC010250492024




                                                           2025:GAU-AS:1244

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

                          Case No. : WP(C)/6996/2024

         DAKSHINA HEMBROM @ DALDHINA HEMBROM
         S/O- LT. SUPAL HEMBRAM, VILLAGE- KUMARSALI, P.O.- B. LADANGURI,
         P.S. BIJNI, DIST.- CHIRANG, BTR, ASSAM, PIN- 783393



         VERSUS

         THE STATE OF ASSAM AND 7 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
         RELIEF AND REHABILITATION BRANCH, DISPUR, GUWAHATI-06

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          PERSONNEL (B) DEPTT.
          DISPUR
          GUWAHATI- 06

         3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-06

         4:THE BODOLAND TERRITORIAL REGION (BTR)
          REPRESENTED BY ITS PRINCIPAL SECRETARY
          KOKRAJHAR
          DIST- KOKRAJHAR
          BTAD
         ASSAM
          PIN- 783370

         5:THE DISTRICT COMMISSIONER
          CHIRANG
          P.O.- KAJALGAON
                                                                                Page No.# 2/6

             DIST.- CHIRANG
             BTAD
             ASSAM
             PIN- 783385

            6:THE SUPERINTENDENT OF POLICE
             CHIRANG
             P.O.- KAJALGAON
             DIST.- CHIRANG
             BTAD
            ASSAM
             PIN- 783385

            7:THE OFFICER-IN-CHARGE OF BIJNI POLICE STATION
             P.O.- BIJNI
             DIST.- CHIRANG
             BTR
            ASSAM
             PIN- 783390

            8:THE CIRCLE OFFICER
             OF BIJNI REVENUE CIRCLE
             P.O.- BIJNI
             DIST.- CHIRANG
             BTR
            ASSAM
             PIN- 78339

Advocate for the Petitioner   : MR. M R KHANDAKAR, MR. A ROHMAN

Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, FINANCE,SC, BTC




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                         ORDER

30.01.2025

Heard Mr. M.R. Khandakar, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2, 5, 6, 7 & 8; Mr. H. Baruah, learned counsel representing Mr. B. Gogoi, learned Standing Page No.# 3/6

Counsel, Finance Department for the respondent no. 3; and Mr. S. Bora, learned Standing Counsel, BTC for the respondent no. 4.

2. The names of the petitioner's father and mother were Late Supal Hembram and Late Thakran Murmu respectively. It is the case of the petitioner that in an incident occurred at around 07-00 p.m. on 29.06.2001, a group of extremists belonging to the terrorist organization, NDFB, entered into the house of the petitioner and started firing openly. As a result of such firing, both the petitioner's parents met instantaneous death. In connection with the said incident, a First Information Report [FIR] was lodged before the Officer In- Charge, Bijni Police Station and on the basis of the said FIR, a case, Bijni Police Station Case no. 80 of 2001 was registered under Sections 447/302 of the Indian Penal Code read with Section 25[1][a]/27 of the Arms Act and investigation was caused in the matter.

3. The Assam Public Services [Appointment of Family Members of Persons Killed by Extremists/Terrorists] Rules, 1992 came to be repealed by a Notification no. ABB.121/92/PtV/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 families affected by extremists/terrorists violence. By the Notification no. ABB.121/92/Pt-V/136 dated 22.06.2004, the amount of 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 and the measures would be prospective. It was further informed that the cases which had been decided already as regards ex-gratia payment, etc. before issuance of the said letter would not be opened again.

4. At the time when the parents of the petitioner was killed due to extremist violence, there was provisions for extending ex-gratia grant of Rs. 1,00,000/- to the Next-of-Kin of the person killed. The petitioner and his four brothers were sanctioned a sum of Rs. 1,00,000/- each by the Deputy Commissioner, Chirang on the basis of the instructions given by the Revenue & Disaster Management Department, Government of Assam in the year 2007 for the Page No.# 4/6

deaths of their parents.

5. A Division Bench of this Court in a Judgment and Order dated 09.06.2010 passed in a writ petition, W.P.[C] 3355/2007 [Dhaniswar Basumatary vs. State of Assam and others] had held that the Next-of-Kins [NoKs] 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.

6. After the Judgment of the Hon'ble Division Bench rendered on 09.06.2010 in the case titled Dhaniswar Basumatary vs. State of Assam and others, the Government of Assam in the Personnel [B] Department issued an Office Memorandum dated 29.07.2013. As per the said Office Memorandum, the State Government after detailed examination of the matter in the light of the Judgment dated 09.06.2010 rendered in Dhaniswar Basumatary [supra], decided to implement the same in an expeditious manner. Clause IV[v] of the Office Memorandum dated 29.07.2013 had mentioned that in case of persons killed in extremists violence prior to 2004 but whose relatives did not apply for any appointment prior to 22.06.2004 and had applied after 22.06.2004 and may or may not have received ex gratia grant under the Notification dated 22.06.2004 i.e. Rs. 3,00,000/-, they would be given appropriate ex-gratia payment as per the Notification dated 22.06.2004 adjusting the amount already received, if any.

7. Mr. Khandakar, 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 petitioner, to make proper application before the respondent authorities and upon such application being made, the respondent authorities would make an enquiry as to whether any relative of the petitioner therein was killed in any extremists violence prior to 22.06.2004 and in the event, upon such enquiry, the respondent authorities arrive at a conclusion that the Next-of-Kin [NoK] of the petitioner was so killed and the degree of relationship with the petitioner entitled the petitioner to payment of the required compensation, the respondent authorities shall pass order for the purpose.

Page No.# 5/6

8. Ms. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department; Mr. Sarma, learned Additional Senior Government Advocate, Assam; Mr. Baruah, learned counsel representing Mr. Gogoi, learned Standing Counsel, Finance Department; and Mr. Bora, learned Standing Counsel, BTC have conjointly submitted that the petitioner has already submitted an application seeking enhanced amount of ex-gratia beyond Rs. 1,00,000/- before the respondent authorities. By drawing attention to a Communication bearing no. BC :- 6/Exgratia-2021 dated 09.02.2021 of the Circle Officer, Bijni Revenue Circle, Bijni, addressed to the District Commissioner, Chirang, it is submitted that on the basis of the said application seeking enhancement of the ex-gratia amount, an enquiry appears to have been initiated. It is also submitted by them that it appears that the petitioner is not the only Next-of-Kin of his parents as earlier, the ex-gratia amounts were sanctioned in favour of the petitioner and his four brothers conjointly. Thus, the learned counsel for the respondents have submitted that if after completion of enquiry, the petitioner and any other Next-of-Kins of Late Supal Hembram and Late Thakran Murmu are found eligible to receive the enhanced ex-gratia amount then the same can be directed to be disbursed accordingly.

9. The learned counsel for the respondents have, thus, submitted that the present writ petition can be disposed of at this stage by directing the petitioner to submit an appropriate application before the District Commissioner, Chirang and upon such application being filed, the Deputy Commissioner, Chirang shall examine and verify by causing an enquiry or by continuing the enquiry if already initiated, as the case may be, about the entitlement of the petitioner and other Next-of-Kins of Late Supal Hembram and Late Thakran Murmu regarding enhanced ex-gratia amount and thereafter, may forward a proposal to the respondent no. 1 who, in turn, may disburse the ex-gratia amount if the petitioner and/or any other Next-of- Kins of Late Supal Hembram and Late Thakran Murmu is/are found entitled as Next-of-Kin of person killed in extremist violence.

10. Having gone through the fact situation obtaining in the case; taking note 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 claim for the relief in the Page No.# 6/6

form of additional ex-gratia grant to the petitioner made in this writ petition as the Next-of- Kin [NoK] of his deceased parents killed in extremists violence, the facts of which are briefly narrated above, is to be considered and verified first at the end of the Deputy Commissioner, Chirang and after such verification and consideration by calling from the reports from the other concerned authorities and also from the petitioner, wherever found necessary, the proposal shall thereafter, be forwarded by the Deputy Commissioner along with the report to the respondent no. 1, for release of ex-gratia grant in term of the Notification dated 22.06.2004; the Office Memorandum dated 29.07.2013; and the observations made in Dhaniswar Basumatary [supra]; if the petitioner and/or other Next-of-Kins is found entitled for the ex-gratia amount of Rs. 3,00,000/-. The respondent no. 1 shall thereafter, release the quantum of additional ex-gratia grant to the petitioner and/or any other Next-of-Kins if he/they is/are found entitled, in terms of the notification dated 22.06.2004; the Office Memorandum dated 29.07.2013; and the observations made in Dhaniswar Basumatary [supra]; after adjustment of the amount of Rs. 1,00,000/- each already paid for the death of the petitioner's deceased parents, mentioned above.

11. The entire exercise in respect of the case involved in this writ petition should be completed by the above respondent authorities as expeditiously as possible, preferably within a period of three months from the date receipt of a certified copy of this order by the office of the respondent no. 5 i.e. the District Commissioner, Chirang along with an application and a copy of the writ petition with the annexures from the petitioner. The petitioner is directed to extend his cooperation during the process of verification likely to be undertaken to verify the claim by placing all the supporting materials at his disposal in respect of the claim.

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

JUDGE

Comparing Assistant