Jharkhand High Court
Rehana Khatoon Aged About 58 Years vs The State Of Jharkhand on 24 February, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A No. 198 of 2018
Rehana Khatoon aged about 58 years, wife of the Late Aftab Alam,
Havaldar Driver (Police) C/o Ram Prakash Verma at L.I.G 102 Housing
Colony, Depugarh, Hazaribagh, P.O., P.S & District Hazaribagh
(Jharkhand). ...... Appellant
Versus
1.The State of Jharkhand.
2.The Principle Secretary, Home Department, Government of Jharkhand,
having its office at Project Bhawan, H.E.C. Building, P.O. & P.S-Dhurwa,
District-Ranchi, Jharkhand.
3.The Chief Election Officer cum Principal Secretary, Department of
Cabinate (Election) Government of Jharkhand, having its office at Sector II,
Dhurwa, P.O. and P.S- Dhurwa, District-Ranchi, Jharkhand.
4.The Director General of Police, Jharkhand, Ranchi, having its office at
Project Bhawan, H.E.C. Building, P.O. & P.S-Dhurwa, District-Ranchi.
5. Deputy Commissioner cum District Election Officer, Dhanbad at P.O +
P.S-Dhanbad, District-Dhanbad, Jharkhand.
6.The Superintendent of Police, Dhanbad, at P.O + P.S-Dhanbad, District-
Dhanbad, Jharkhand.
7.The Superintendent of Police (Administration) Jaguwar (STF), Dhurwa,
P.O. & P.S-Dhurwa, District-Ranchi. ..... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Appellant : M/s Binod Kumar & Satish Kumar, Advocate
For the Respondents : Mr. Rajiv Ranjan, Advocate General
: Mr. Amit Kumar, S.C (Mines) II
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Oral Judgment:
Order No.20/Dated: 24th February, 2021
1. With consent of the parties, hearing of the matter has been done
through video conferencing and there is no complaint whatsoever regarding
audio and visual quality.
2. The instant intra-court appeal under Clause 10 of the letters patent, is
directed against the order/judgment dated 01.02.2018 passed by the learned
Single Judge of this Court in W.P.(S) No.5034 of 2013, whereby prayer for
direction upon the respondents for ex-gratia payment to the petitioner of
Rs.10,00,000/- on the ground that her husband had died during election duty
on 27.11.2009, has been refused to be granted by dismissing the writ
petition.
3. Learned Advocate General appearing for the State of Jharkhand
assisted by Mr. Amit Kumar, learned S.C (Mines) II, has submitted that
show cause affidavit sent through mail has been filed on behalf of the
Secretary, Department of Planning- cum-Finance, Government of Jharkhand,
whereby and whereunder in compliance to the resolution of the Election
Commission of India dated 17.02.2009 which provides for ex-gratia
compensation to be paid to the employees, who have been deputed in the
election duty have been held to be mandatory and have been adopted by the
State of Jharkhand and thereafter on re-examining the issue, decision has
been taken to pay ex-gratia payment in favour of the writ petitioner.
In pursuant to the said decision, the District Election Officer has
issued sanction order vide letter no.96 dated 20.02.2021 for payment of ex-
gratia through cheque bearing Cheque No.120404 dated 22.02.2021 which
has duly been received by the petitioner and to that effect, the
acknowledgement receipt of an amount of Rs.5,00,000/- through Account
Payee cheque bearing Cheque No.120404 dated 22.02.2021 has been
annexed.
It has been submitted on behalf of the respondent-State of Jharkhand
that ex-gratia payment have been made in favour of the appellant/writ
petitioner, therefore, the appeal may be rendered to be infructuous.
4. Mr. Satish Kumar, learned counsel for the appellant/writ petitioner has
submitted that he has also received instruction from the writ petitioner that
an amount of Rs.5,00,000/- has been received by virtue of Cheque
No.120404 dated 22.02.2021.
5. This Court, having heard learned counsel for the parties and going
across the affidavit filed on behalf of the Secretary, Department of Planning
cum Finance, Government of Jharkhand dated 23.02.2021, has found
therefrom that the State-respondents has made payment of Rs.5,00,000/-
through cheaque bearing Cheque No.120404 dated 22.02.2021 on account of
death of the petitioner in the election duty in terms of the guideline issued by
the Election Commission dated 17.02.2009.
6. Learned counsel for the appellant/writ petitioner has also accepted to
the statement/averment made in the affidavit that such amount has already
been received, as would appear from the acknowledgement receipt dated
22.02.2021 bearing signature of the writ petitioner.
7. In view of the disbursement of amount to the writ petitioner, the
initiation of proposed proceeding for contempt vide order dated 17.02.2021
is dropped.
8. In that view of the matter this Court, is of the view that the grievance
of the appellant/writ petitioner having been redressed, hence nothing
survives to be adjudicated and therefore, the instant appeal is rendered to be
infructuous, accordingly, disposed of.
(Dr. Ravi Ranjan, C.J.)
(Sujit Narayan Prasad, J.)
Saket/-
N.A.F.R.
