Smt. Sumitra Devi vs The State Of Jharkhand & Others
2021 Latest Caselaw 5006 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Writ Jurisdiction)
                 W.P. (C) No. 5594 of 2009
                          ........

Smt. Sumitra Devi                       ....   ..... Petitioner
                              Versus
The State of Jharkhand & Others         ....   ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............

For the Petitioner : Mr. Rakesh Kumar Sinha, Advocate. For the Respondent-State : Mr. Rahul Saboo, S.C.-I.

........

09/23.12.2021.

The matter relates to a Constable, who died on 20.02.2005 during election duty.

The admitted facts are that husband of the petitioner was a Constable, who died while performing election duty. There is Insurance Policy of the Government with ICICI Lombard Insurance Company Limited and National Insurance Company Limited, where coverage for the employees, who died while performing election duty was Rs. 10,00,000/-.

It is surprising that even after death, for more than 16 years 11 months, the State is silent over such matter. This shows that the then Deputy Commissioner, Palamau as well as subsequent Deputy Commissioner, Palamau have no feeling for their own employees, who died during election duty.

Learned counsel for the respondent-State, Mr. Rahul Saboo, S.C.-I, after discussion with present Deputy Commissioner, Palamau, Mr. Shashi Ranjan has assured this Court that Deputy Commissioner, Palamau will look into the matter personally, as such, the matter may be listed in the month of January, 2022.

Since, the State Counsel has taken endeveour, this Court is inclined to adjourn this case with a clear direction that if the amount of compensation with interest is not paid by 14.01.2022, the entire interest of the compensation amount shall be recovered from the personal salary of Deputy Commissioners, who were posted at Palamau since 20.02.2005 till today. The State is at liberty to recover the same after payment made to the victim from these officials so far interest is concerned as because of their laches, the amount has not

been paid to the poor lady, who lost her husband. The interest shall be paid @ 7.5% per annum in view of the judgment passed by the Apex Court in the case of in the case of Dharmpal and Sons Vs. U.P. State Road Transport Corporation reported in (2008) 12 SCC

208. The Chief Secretary, Government of Jharkhand shall make recommendation to make entry in their service record, which is maintained by the Department of Personnel and Training, Government of India, New Delhi in accordance with law as well as principle of natural justice.

Let a copy of order be communicated to the learned Advocate General, Jharkhand, the Chief Secretary, Government of Jharkhand and the Principal Secretary, Department of Home, Prison & Disaster Management, Government of Jharkhand by FAX.

(Kailash Prasad Deo, J.) Sunil/-