Gauhati High Court
Dasarath Das vs The State Of Assam And 4 Ors on 8 November, 2023
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
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GAHC010176712023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4641/2023
DASARATH DAS
S/O- LATE KRISHNAKANTA DAS,
R/O- VILLAGE PATILADAHA DASPARA,
P.O- PATILADAHA,
P.S- MANIKPUR, DIST- BONGAIGAON, ASSAM, PIN-783391
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY, TO THE GOVT. OF ASSAM,
DEPARTMENT OF EDUCATION, DISPUR, GUWAHATI-06.
2:THE SECRETARY
TO THE GOVT. OF ASSAM
PERSONNEL (B) DEPARTMENT
DISPUR
GUWAHATI
KAMRUP (M)
ASSAM
PIN- 781006
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019
4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE (SIU) DEPARTMENT
DISPUR
GUWAHATI
KAMRUP (M)
ASSAM
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PIN- 781006
5:THE DEPUTY COMMISSIONER
CUM CHAIRMAN
DISTRICT LEVEL COMMITTEE
BONGAIGAON
ASSA
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 08.11.2023 Heard Mr. M.U. Mahmud, learned counsel for the petitioner.
2. Also heard Mr. B. Kaushik, learned standing counsel for the respondent nos.1 and 3; Mr. G. Pegu, learned Govt. Advocate for the respondent nos.2 and 5; and Mr. B. Gogoi, learned standing counsel for the respondent no.4.
3. The case of the petitioner is that his father was shot dead by suspected ULFA miscreants while on duty as Chowkidar of the concerned school on 25.11.2002. The petitioner made a claim for appointment on compassionate ground and accordingly, by order dated 14.02.2022, passed by this Court in WP(C) 7077/2023, the respondents were directed to consider the case of the petitioner. As per the order under memo no. 284632/1 dated 11.05.2023, passed by the Commissioner & Secretary to the Govt. of Assam, Finance (SIU) Department, the application was not considered for appointment on compassionate ground. However, by repealing the Assam Public Services (Appointment of family members of persons killed by extremists/terrorists) Rules, 1992, the State Govt. had decided to consider enhancement of the ex Page No.# 3/4 gratia amount paid to a kin of the person extremist violence to Rs.3,00,000/- (Rupees three lakh only). As per the contents of the said order, the Secondary Education Department has been informed to provide ex gratia of Rs. 3,00,000/- (Rupees three lakh only) or any other fund available as per stipulated norms of the Govt. to the petitioner instead of proposing for Govt. employment.
4. The learned counsel for the petitioner submits that as per his instruction, the ex gratia compensation has not been received by the petitioner.
5. Issue notice returnable on 11.12.2023.
6. Requisite extra copies of the writ petition be furnished to the learned State and departmental counsel in course of the day.
7. It appears from the submissions made by the respective learned standing counsel for the Education and Finance Department as well as by the learned Govt. Advocate that the payment of ex gratia in respect of persons who had been killed in extremists violence is ordinarily dealt with the by the Deputy Commissioner. However, from the tone and tenure of the hereinbefore referred order dated 11.05.2023, passed by the Finance (SIU) Department, the Secondary Education Department has been directed to pay the ex gratia.
8. In light of the said order dated 11.05.2023 and in light of the policy referred above, specific notice is issued to the Deputy Commissioner, Bongaigaon (respondent no.5) to take its stand on the payment of ex gratia to the petitioner.
9. Notice is also issued to the School Education Department, Govt. of Assam to inform the Court as to steps that has been taken pursuant to the hereinbefore referred order dated 11.05.2023, passed by Finance (SIU) Department.
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10. The respondents are also put to notice that if the ex gratia is not released to the petitioner within the next returnable date, why interest @9% p.a. should not be ordered to be paid by the State to the petitioner on the ex gratia amount from 11.05.2023, the date when the Finance (SIU) Department had issued their hereinbefore referred order.
11. The pendency of the writ petition shall not be a bar for the respondent authorities to release ex gratia relief to the petitioner.
12. List on 11.12.2023.
JUDGE Comparing Assistant