Gauhati High Court - Itanagar
WA/16/2025 on 5 December, 2025
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GAHC040004582025 2025:GAU-AP:1363-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/16/2025
1. The State of Arunachal Pradesh, represented by the Secretary, Department
of Home, Government of Arunachal Pradesh, Itanagar.
2. The Joint Secretary, Government of Arunachal Pradesh, Department of
Home, Itanagar, Arunachal Pradesh.
3. The Director General of Police, PHQ, Government of Arunachal Pradesh,
Itanagar.
4. The Deputy Inspector General of Police (Central Range), Pasighat, East
Siang District, Arunachal Pradesh.
5. The Deputy Inspector General of Police (Western Range), Pasighat, East
Siang District, Arunachal Pradesh.
6. The Superintendent of Police, Lower Dibang Valley District, Roing,
Arunachal Pradesh.
7. The Deputy Commissioner, Lower Dibang Valley District, Roing,
Arunachal Pradesh.
8. The Deputy Commissioner, Daadi District, Palin.
9. The Commandant, 5th Indian Reserve Battalion, BHQ, Pasighat, Arunachal
Pradesh.
10. The Secretary, Health & Family Welfare, Government of Arunachal
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Pradesh, Itanagar.
11. The Secretary, Department of Finance, Itanagar, Arunachal Pradesh.
..................Appellants
-VERSUS-
1. Smti Yapi Regon, Wife of Late (Ct) Amost Regon, 5 th IRBn Roing, Village
- Kangkong, P.O. & P.S. - Roing, District - Lower Dibang Valley,
Arunachal Pradesh.
2. Miss Trisha Regon, Age - 8, daughter of Late Amost Regon, being a minor
represented by Smti. Yapi Regon, permanent resident of Village -
Kangkong, P.O. & P.S. - Roing, District - Lower Dibang Valley, Arunachal
Pradesh.
3. Johnson Regon, Age - 10, Son of Late Amost Regon, being a minor
represented by Smti Yapi Regon permanent resident of Village - Kangkong,
P.O. & P.S. - Roing, District - Lower Dibang Valley, Arunachal Pradesh.
4. Gemoling Regon, Age - 17, Son of Late Amost Regon, being a minor
represented by Smti. Yapi Regon, permanent resident of Village -
Kangkong, P.O. & P.S. - Roing, District - Lower Dibang Valley, Arunachal
Pradesh.
5. The Union of India, represented by the Secretary to the Government of
India, Ministry of Home Affairs, Shastri Bhawan, New
Delhi.
...................Respondents
Page No.# 3/14 BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY HON'BLE Mr. JUSTICE BUDI HABUNG Advocate for the Appellants : Mr. S. Tapin, Sr. Govt. Advocate Advocate for the Respondent nos. 1 - 4 : Mr. A.K. Purkayastha & Ms. D. Rillung Date on which Judgment is reserved : 26.11.2025 Date of Hearing : 26.11.2025 Date of Judgment and Order : 05.12.2025 Whether the pronouncement is of the Operative part of the Judgment ? : No Whether the full Judgment has been pronounced ? : Yes JUDGMENT & ORDER [Manish Choudhury, J] This intra-court appeal is preferred against a Judgment and Order dated 21.01.2025 passed by the learned Single Judge in a writ petition, W.P.[C] no. 459[AP]/2023. By the Judgment and Order dated 21.01.2025, the learned Single Judge while allowing the writ petition, had directed the State respondents to grant ex-gratia payment of Rs. 50,00,000/- to the writ petitioners therein within a period of one month from the date of receipt of a certified copy of the Order.
2. In the writ petition, the writ appellants herein were impleaded as the respondent nos. 2 to 12 and the respondent no. 1 to 4 herein were the writ petitioners. The Union of India was impleaded as the party-respondent no. 1 in the writ petition and has been impleaded as the party-respondent no. 5 in the present intra-court appeal. For the ease of reference, the parties herein are referred to by their respective positions in the writ petition.
3. The writ petitioner no. 1 is the wife of one Late Amost Regon whereas the writ petitioner nos. 2 to 4 are the minor daughter and two minor sons respectively of Late Amost Regon, who Page No.# 4/14 were/are represented by their mother in the writ petition as well as in the present appeal.
4. The writ petitioners filed the writ petition seeking setting aside and quashing of [i] a decision taken by the State Level Screening Committee for Ex-gratia Payment on 17.06.2022 whereby the claim of the writ petitioners for ex-gratia payment of Rs. 50,00,000/- was held to be not covered under the scheme, 'Arunachal Pradesh Ex-Gratia Grant [State Police, Fire & Emergency Services, Indian Armed Forces and Central Armed Police Forces (CAPF) Personnel] Policy, 2019; and [ii] a consequential decision conveyed through an Office Letter dated 30.06.2022 of the respondent no. 3 addressed to the respondent no. 2 regarding the decision taken by the State Level Screening Committee for Ex-gratia Payment to reject the claim of the writ petitioners for ex-gratia payment under the Policy. The writ petitioners also sought for a direction to the State respondents to pay the ex-gratia payment of Rs. 50,00,000/- in terms of the Arunachal Pradesh Ex-Gratia Grant [State Police, Fire & Emergency Services, Indian Armed Forces and Central Armed Police Forces (CAPF) Personnel] Policy, 2019 to them.
5. The contestation of the parties is on the basis of a scheme, 'Arunachal Pradesh Ex-Gratia Grant [State Police, Fire & Emergency Services, Indian Armed Forces and Central Armed Police Forces (CAPF) Personnel] Policy, 2019 [hereinafter referred to as 'the Ex-Gratia Grant Policy', for easy reference]. Therefore, it is apt to refer to the relevant features of the Ex-Gratia Grant Policy, which was notified by a Notification dated 06.11.2019 of the Home Department, Government of Arunachal Pradesh, at first.
6. The Ex-Gratia Grant Policy was a policy framed in the interest of public service and in supersession of all earlier Government notifications issued/notified on 24.04.2017, except things done or omitted to be done before such supersession. The introductory part stated that Government of Arunachal Pradesh had brought the policy on the occasion of the 78 th Independence Day celebration in order to extend ex-gratia payment of Rs. 50,00,000/- [Rupees fifty lakh] to all the State Police Personnel, irrespective of rank, who died while fighting any terrorists, criminals, underground elements or while performing law and order duties and also for providing a suitable Government job for their next of kin.
6.1. The main object of the Ex-Gratia Grant Policy is to provide ex-gratia grant to all those State Page No.# 5/14 Police Personnel viz. Arunachal Pradesh Police, Arunachal Armed Police Battalion [AAPBn], India Reserve Police Battalion [IRBn] & Personnel, irrespective of rank, who were killed or permanently disabled or grievously / seriously injured while fighting terrorists / militants / criminals underground elements or while performing law and order duties or disaster management duties in the State of Arunachal Pradesh. As per Clause 3 of the Ex-Gratia Grant Policy, the quantum of ex-gratia grant is Rs. 50,00,000/- in case of death of State Police Personnel, that is, AAPBn & IRBn personnel while fighting terrorist / militants / criminals / underground elements or while performing law and order duties / disaster management duties in the State of Arunachal Pradesh. It has been stipulated that ex-gratia payment would not be paid for performing duties other than the above-mentioned duties.
6.2. Clause 4 of the Ex-Gratia Grant Policy has provided that the ex-gratia grant shall be paid to the next of kin of the deceased personnel in the order of preference mentioned therein. The first in the order of preference in the list of next of kins is the widow of the deceased and the second preference is to be given to the eldest unmarried daughter or son.
6.3. In order to claim ex-gratia payment of Rs. 50,00,000/-, the claimant is required to submit the following documents : [i] an application by the next of kin in Form 'A' at Annexure-A of the Policy with full details and alongwith the documents/reports mentioned therein; [ii] First Information Report [FIR] regarding the incident [required in case of permanent disability or grievous / serious injury also]; [iii] post mortem report, if post-mortem is performed; [iv] inquest report; [v] death certificate issued by the concerned Registrar of Births & Deaths; [vi] recommendations of the Deputy Commissioner of concerned district for ex-gratia payment; [vii] legal heir certificate in favour of the next of kin issued by competent authority; [viii] bank account number of next of kin recommended by the concerned Deputy Commissioner; [ix] identity proof of next of kin [photo identity card issued by the concerned SP / CAPF authority / Indian Armed Forces Authority; and [x] original copy of the proceedings and recommendation of the District Level Board.
6.4. Part V & Part VI of the Ex-Gratia Grant Policy have provided for the procedure and recommendation of application; and screening of applications by the Home Department. For ready reference, Part V & Part VI are extracted hereinbelow :-
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6. Procedure and Recommendation of Application The application in Form 'A' at Annexure-A shall be submitted to the concerned Deputy Commissioner through the concerned Superintendent of Police / Competent CAPF Authority / Competent Indian Armed Forces Authority with full details and along with all the documents / reports / information mentioned in PART-IV. On receipt of the applications, the concerned Deputy Commissioner will get the applications scrutinized through the District Level Board constituted for the purpose and recommend cases of ex-gratia grants for consideration of the Government. He shall forward the original application and certified true copies of the documents along with the original copy of the proceedings / recommendations of the District Level Board as well as his recommendations.
PART VI
7. Screening of Applications by the Home Department [a] All applications for ex-gratia grants and sanctions thereto shall be scrutinized / examined by the Home Department through a State Level Committee consisting of the Principal Secretary [Home] / Commissioner [Home] as the Chairman and Director General of Police and Commissioner/Secretary [Finance] as its Members.
[b] The recommendations of the State Level Committee headed by Principal Secretary / Commissioner [Home] shall be submitted to the Government for approval.
7. Reverting back to the facts of the case, Late Amost Regon was admittedly in service under 5th Indian Reserved Battalion [IRBn] as a Constable on 12.05.2020 and on that day, he was deployed for round the clock duty at Shantipur Check Gate along with other personnel of D-Coy 5th, IRBn in view of the Covid-19 Pandemic. It was on 12.05.2020, Amost Regon met his death.
8. On 12.05.2020, the Section Commander, D-Coy, 5 th IRBn posted at Roing lodged a First Information Report [FIR] before the Officer In-Charge, Roing Police Station stating inter-alia that Page No.# 7/14 at around 18-30 hours on that day, Constable Amost Regon who, on being deployed was on round the clock duty at Shantipur Check Gate along with the other personnel of D-Coy, 5 th IRBn Amost Regon who was entrusted with the responsibility of patrolling along the porous Assam - Arunachal Pradesh boundary, had died when his motorcycle collided with a barricade at a Forest Check Gate. The FIR further mentioned that Amost Regon was on duty at the time of the accident and had gone to cross-check the information that some miscreants from Assam were trying to enter through Daran Village into Arunachal Pradesh. It was reported that while on his return, Amost Regon met with the accident and though he was immediately rushed to District Hospital at Roing he was declared brought dead. The FIR was registered as Roing Police Station Case no. 26/2020 under Sections 279/304A, Indian Penal Code [IPC] on 12.05.2020 and the Officer In- Charge, Roing Police Station took up the investigation of the case himself.
9. During the course of investigation, inquest proceeding on the deadbody of the deceased was conducted at the District Hospital, Roing on 13.05.2020. Thereafter, post-mortem examination on the deadbody of the deceased, Amost Regon was performed. On being reported dead, a Death Certificate under Section 12 read with Section 17 of the Registration of Births and Deaths, 1969 was issued by the Registrar of Births & Deaths, Roing on 26.05.2020 recording the death of Amost Regon on 12.05.2020. A succession certificate was applied before the Deputy Commissioner, Lower Dibang Valley District, Roing on 01.07.2020 and it was issued to the writ petitioner no. 1 on 14.08.2020. The investigation undertaken in connection with Roing Police Station Case no. 26/2020 returned in a Final Report dated 07.10.2020.
10. The writ petitioner no. 1 claiming ex-gratia relief in terms of the Ex-Gratia Grant Policy, notified on 06.11.2019, submitted an application addressed to the Deputy Commissioner, Lower Debang Valley District, Roing on 08.10.2020 along with the requisite documents required for consideration for ex-gratia relief under the Ex-Gratia Grant Policy through the office of the Superintendent of Police, Lower Dibang Valley District, Roing. The office of the Superintendent of Police, Lower Dibang Valley District, Roing forwarded the application along with its positive comments to grant the ex-gratia relief to the Deputy Commissioner, Lower Dibang Valley District, Roing, vide an office letter on 02.11.2020. The office of the Superintendent of Police, Lower Dibang Valley District, Roing re-submitted the ex-gratia payment claim with an application in prescribed Form 'A' vide its Office Letter dated 24.01.2022 to the Deputy Commissioner, Lower Page No.# 8/14 Dibang Valley District, Roing.
11. After receipt of a detailed statement and recommendation made by the District Level Board constituted for the purpose, the Deputy Commissioner, Lower Dibang Valley District, Roing forwarded the proposal along with all the requisite documents and the recommendation of the District Level Board to the Home Secretary, Government of Arunachal Pradesh vide an Office Letter dated 24.03.2022. On receipt of the proposal, the same was placed for scrutiny before the State Level Screening Committee which examined the proposal and also the recommendations forwarded by the District Level Board, the Deputy Commissioner, Lower Debang Valley District and the Superintendent of Police, Lower Debang Valley District in one of its meetings held on 17.06.2022.
12. The State Level Screening Committee considered six cases including the case of Late Amost Regon. The State Level Screening Committee after scrutiny and examination, found only one out of the six cases fit for recommendation for ex-gratia grant. The State Level Screening Committee found the remaining five cases including the case of the next of kin of Late Amost Regon to be not covered under the Ex-Gratia Grant Policy, notified on 06.11.2019. Subsequent to such rejection, the decision of the State Level Screening Committee was forwarded by the Joint Secretary, Home Department to the Secretary, Health & Family Welfare Department vide the impugned Office Letter dated 30.06.2022.
13. We have heard Mr. S. Tapin, learned Senior Government Advocate, Arunachal Pradesh for the writ appellants-respondent nos. 2 to 12 and Mr. A.K. Purkayastha, learned counsel through virtual mode assisted by Ms. D. Rillung, learned counsel for the respondent nos. 1 to 4 - writ petitioners.
14. Mr. Tapin, learned Senior Government Advocate, Arunachal Pradesh has submitted that the Ex-Gratia Grant Policy is framed by the State Government to give benefit to the next of kin of a specific category of personnel belonging to Arunachal Pradesh Police Department who had died inter-alia performing law and order duties or disaster management duties in the State of Arunachal Pradesh. He has contended that the ex-gratia payment is payable only when the death had occurred while performing such duties. Therefore, the ex-gratia relief is not payable if the Page No.# 9/14 death occurs for a reason which is only incidental to performance of such duties. According to him, the performance of duty is not to be equated with an act incidental to or connected with the performance of duty. As it is a beneficial scheme, ex-gratia payment is only payable when it meets the specific conditions laid down in the Policy. The conditions were absent in the case of death of Late Amost Regon.
15. Mr. Purkayastha, learned counsel appearing for the respondent nos. 1 to 4 - writ petitioners has supported the Judgment and Order of the learned Single Judge and has submitted that no interference is called for in respect of the direction given by the learned Single Judge to make the payment. He has submitted that the learned Single Judge has correctly held that there must be a causal relationship between the accident and the employment and if the accident had occurred on account of a risk which is incidental to the employment, the claim for ex-gratia payment should succeed. He has contended that the death of Amost Regon had occurred while he was performing duties on 12.05.2020.
16. When the proposal of ex-gratia was placed before the State Level Scrutiny Committee for ex-gratia payment to the next of kin of Late Amost Regon, the Committee held a meeting on 17.06.2022 to make scrutiny and consider the said proposal along with five other similar proposals. After scrutiny and examination, the Committee recommended only one proposal for ex- gratia payment and rejected the other five proposals including the proposal submitted in respect of Late Amost Regon. The Minutes of the State Level Scrutiny Committee did not, however, record any reason for rejection of the proposal in respect of Late Amost Regon save and except commenting that the case was not covered under the Notification dated 06.11.2019.
17. It is not only necessary in respect of a judicial decision or a quashi-judicial decision, but also necessary in respect of an administrative decision, to record reasons, if such decision affects anyone prejudicially. Recording of reasons is necessary for the wider principles of justice that justice must not only be done but it must also appear to be done as well. Such an authority requires to demonstrate by reason that the relevant factors have been objectively considered. The reasons assigned go to indicate that discretion has been exercised by the decision-maker by taking relevant factors into consideration and by disregarding irrelevant factors. Reasons have become a component of a decision-making process with the observance of the principles of Page No.# 10/14 natural justice by judicial, quashi-judicial and even by administrative bodies.
18. For not recording any reason by the State Level Scrutiny Committee while rejecting the proposal of ex-gratia payment in the case of Late Amost Regon, it has not been possible to find out whether the State Level Scrutiny Committee in taking the decision to reject the proposal took the relevant factors into consideration and disregarded the irrelevant factors. In such view of the matter, it has become necessary to refer to the other materials on record.
19. In the final report submitted vide Final Report no. 55/2020 on 07.10.2020 after completing investigation into Roing Police Station Case no. 26/2020, the Investigating Officer [I.O.] had reported that during investigation, it was found that at around 18-30 hours on 12.05.2020, Constable Amost Regon who was on round the clock duty at Shantipur Check Gate in view of the pandemic of Covid-19, was coming back by Roing-Shantipur Road from Kangkong to Shantipur Check Gate by riding his motorcycle. At a place near Shantipur Police Check Gate, he and the motorcycle collided with an iron bar of Shantipur Forest Check Gate and as a result, he fell down on the road and died on the spot.
20. While forwarding the proposal for ex-gratia payment to the Deputy Commissioner, Lower Dibang Valley District, Roing vide Office Letter dated 02.11.2020, the Superintendent of Police, Lower Dibang Valley District reported that during the investigation, it was established that a section of the force from D-Coy, 5th IRBn deployed at Shantipur was entrusted with the responsibility to do patrolling in the area in order to prohibit illegal trespassers from entering into Roing district from Assam in view of the Covid-19 restrictions. At around 17-00 hours on 12.05.2020, an information was received from villagers at Daran Village to the effect that some miscreants from Assam were trying to enter through the porous boundary bypassing the thermal screening and quarantine procedure set up at the Check Gate. Constable Amost Regon was sent to verify the said information and while on return by motorcycle from Daran Village after having verified the information and foiling the attempt of the intruders to enter, he met with an accident when his motorcycle collided with an iron barricade. He was immediately taken from the spot to Hospital by the Police team at Shantipur after being alerted by witnesses. But, he was declared brought dead. In a subsequent Letter dated 24.01.2022, the Superintendent of Police, Lower Dibang Valley District wrote to the Deputy Commissioner, Lower Dibang Valley District while Page No.# 11/14 forwarding the proposal in the prescribed Form - A that Constable Late Amost Regon lost his life while discharging his entrusted duties relating to Covid-19 Pandemic and therefore, his family was entitled for ex-gratia payment
21. The proposal for extending ex-gratia payment to the next of kin of Late Amost Regon was recommended by the District Level Scrutiny Board constituted for the purpose and the Deputy Commissioner, Lower Dibang Valley District forwarded the proposal along with the recommendation of the District Level Scrutiny Board, to the Secretary to the Government of Arunachal Pradesh, Home Department on 24.04.2022.
22. In the affidavit-in-opposition filed by the respondent no. 7, that is, the Superintendent of Police, Lower Dibang Valley District, Roing, it has been averred that on 12.05.2020, Late Amost Regon of 5th IRBn, D-Coy was deployed at Shantipur Check Gate for patrolling duty in the area to prohibit illegal trespassing at Shantipur Check Gate area in view of Covid-19 Pandemic. On 12.05.2020, basing on the information received from the villagers of Daran Village, Constable Amost Regon was deputed to verify the veracity of the information pertaining to the miscreants from Assam, who were trying to enter through the porous boundary bypassing the thermal screening and quarantine procedure set up at the Check Gate in view of Covid-19 Pandemic. On being entrusted with such duty, Amost Regon proceeded to Daran Village by his own motorcycle and after collecting the information from the said village, he was returning to Shantipur Check Gate by his motorcycle when it collided with an iron barricade and he sustained serious injuries. Though he was brought immediately to the District Hospital at Roing for further treatment, he was declared brought dead. The respondent no. 7 further stated that his office forwarded the application of the petitioner to the Deputy Commissioner, Lower Dibang Valley District for constituting a board to assess the admissibility of ex-gratia payment to a Government servant who lost his life while on duty. It is further stated that the District Level Board constituted for verifying the admissibility of ex-gratia payment, duly examined the feasibility and reasonableness of the claim of the petitioner no. 1, wife of Late Amost Regon and having found that the claimant would be entitled for ex-gratia payment, forwarded its recommendation to the Deputy Commissioner, Lower Dibang Valley District for further consideration.
23. In the affidavit-in-opposition filed on behalf of the respondent nos. 2 & 3, it was stated that Page No.# 12/14 in the State Level Scrutiny Committee Meeting held on 17.06.2020, the Committee examined altogether six proposals and along with the recommendations of the District Level Boards and the Deputy Commissioners and after detail scrutiny of the proposals vis-à-vis the Guidelines of the Ex- Gratia Grant Policy, notified vide Notification dated 06.11.2019, the Committee found that the proposal submitted in respect of Late Amost Regon was not covered under the Guidelines. It has been emphasized that the ex-gratia grant with respect to the personnel pertains to certain guidelines and norms and its exclusivity were thoroughly mentioned in the Notification dated 06.11.2019 and by a law and order duty, as mentioned in the Notification, it cannot be summarized to regular nature of the duty that is expected for being the part of the organization, that is, Police Department notwithstanding extra-ordinary duties.
24. From the above, it has clearly emerged, without any denial from the State respondents who are the appellants here, that Late Amost Regon who was appointed as a Constable in India Reserved Battalion [IRBn] under the Arunachal Pradesh Police Department on 05.01.2009, was deployed on 12.05.2020 for round the clock duty along with the other personnel from D-Coy, 5 th IRBn at Shantipur Check Gate and the team was entrusted with the responsibility to patrol the area and to prohibit illegal trespassers from entering into the Lower Dibang Valley District from Assam in view of the restrictions enforced for Covid-19 Pandemic. It has been the case of the writ petitioners as well as of the State respondents, that is, the appellants herein that at around 17-00 hours on 12.05.2020, an information was received from villagers at Daran Village that some miscreants from Assam were trying to enter through the porous boundary in order to bypass and avoid the thermal screening and quarantine procedure set up at the Check Gate. Late Amost Regon, Constable was sent by his superior authority to verify the said information. It was as per the instruction of the superior authority, Late Amost Regon was sent to verify the information and going there, he verified the information and foiled the attempt of the intruders to enter into the State of Arunachal Pradesh. It was after foiling the attempt, he was returning to his original place of duty at Shantipur Check Gate by riding a motorcycle. It was while so returning, he collided with an iron barricade/bar of a forest check gate at Shantipur area which was near to Shantipur Police Check Gate, where he was supposed to resume the round the clock patrolling duty to enforce the Covid-19 Pandemic restrictions.
25. It is an admitted position that Late Amost Regon was deployed for round the clock police Page No.# 13/14 duty for enforcing the restrictions declared by the authorities for Covid-19 Pandemic. The round the clock duty was only meant for enforcing the restrictions placed due the onset and spread of Covid-19 Pandemic. Such round the clock duty, by no stretch, can be termed to fall in the category of regular duty even for Police Constable as Covid-19 Pandemic was an unprecedented and extraordinary situation. Late Amost Regon had gone to the village Daran at the instruction of his superior from his original place of deployment at Shantipur Check Gate. It was after verifying the information and foiling the attempt of miscreants who were attempting to enter into Arunachal Pradesh bypassing and avoiding thermal screening and quarantine procedure set up at the check gate, Amost Regon was returning to Shantipur Check Gate and it was during such return he met with his death. The journey of Amost Regon from Shantipur Check Gate to Daran Village at the instruction of the superiors and his return from Daran Village to Shantipur Check Gate were only in performance of his round the clock duty. The duties were for enforcement of the restrictions placed by the authorities including the concerned disaster management authorities for stopping the spread of Covid-19 Pandemic. The deceased were among those category who worked on the frontlines during the pandemic risking their lives.
26. It is not the case of the appellants that the deceased was not deployed either in law and order duty or in disaster management duty. The only point urged on behalf of the appellants is that the journey of the deceased from area in Daran Village to Shantipur Check Gate could not be said to be covered in performance of duty. Such contention of the appellants cannot be countenanced. The deceased was deployed for round the clock duty and he was a member of the disciplined force, IRBn. Being a member of the disciplined force if the deceased would not have returned immediately after performing his duty at Daran Village to his original place of deployment at Shantipur Check Gate, where he was deployed for round the clock duty, he would have been reprimanded for dereliction and negligence of duty. The return journey was clearly in the performance of duty and the deceased died while performing duty in the frontlines during Covid-19 Pandemic. His death during such return would clearly come within the sweep of death while performing law and order / disaster management duties in the State of Arunachal Pradesh.
27. There was a direct causal connection between the death and the performance of duty and therefore, the death of Amost Regon on 12.05.2020 is found to be covered under the ex-gratia grant policy, notified by the Government of Arunachal Pradesh on 06.11.2019, which is a Page No.# 14/14 benevolent scheme exclusively meant for the next of kin of all those Police Personnel viz. Arunachal Pradesh Police, Arunachal Armed Police Battalion and IRBn Personnel, irrespective of rank, who were killed while performing duties in specific situations. The event of death of Amost Regon cannot be said to be akin to that of an employee who died while commuting journey either to his workplace from home or returning from his workplace to his home. In view of direct casual connection of death of Amost Regon with the performance, there is no applicability of theory of notional extension, an aspect urged by the learned counsel for the parties.
28. Consequently, we find no reason to interfere with the Judgment and Order passed by the learned Single Judge and the direction made by the learned Single Judge to grant the ex-gratia relief of Rs. 50,00,000/- to the petitioners. As a corollary, the present intra-court appeal is found to be devoid of any merits. It is therefore, dismissed. If the ex-gratia amount, as directed by the learned Single Judge, has not been disbursed to the petitioners till date, the same has to be disbursed immediately. There is, however, no order as to cost.
JUDGE JUDGE Comparing Assistant