Krishna Devi vs State Of Jharkhand And Ors
2024 Latest Caselaw 4848 Jhar

Jharkhand High Court

Krishna Devi vs State Of Jharkhand And Ors on 3 May, 2024

Author: Deepak Roshan

Bench: Deepak Roshan

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      W.P. (S) No. 2998 of 2018
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                Krishna Devi                                                    ... Petitioner
                                                Versus
                State of Jharkhand and Ors.                                 ...Respondents
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         CORAM:            Hon'ble Mr. Justice Deepak Roshan
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            For the Petitioner     : Mr. Pratyush Shounikya , Advocate

For the Respondents : Mr. Mohammad Asghar, A.C. to Sr.S.C.-II

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11/03.05.2024 The grievance of the petitioner is that since the husband of the petitioner was a District Sports Officer and he died while he was on duty and there is a policy of the State of Jharkhand which is at Annexure-2, wherein at Para 3 (ka), it has been stated that if any person in course of duty dies due to accident, he will be paid ex gratia compensation of 10 lakhs. He further draws attention of this Court towards the information sent by the respondents under the R.T.I. Act and submits that the State Level Medical Board has given a clear noting vide noting dated 19.01.2018, that death occurred due to heart attack and brain haemorrhage will come under the definition of accident. Relying upon the noting, learned counsel submits that his case is squarely covered under this noting. However, the impugned order has been passed on the basis of one instruction of Finance Department that as per the Finance Department, death due to heart attack will not come under accident.

2. Learned counsel for the respondents submits that there is nowhere written in the circular that death due to heart attack will come under accident. He further relied upon the judgment which is mentioned in paragraph 14. However, he could not answer the specific query whether the Finance Department was empowered to override the decision of the Medical Board when the question itself is with regard to death of a person.

3. As such, let this case be listed on 14.05.2024 at 04:00 pm.

(Deepak Roshan, J.) vikas/-