Jharkhand High Court
Mebal Soreng vs The State Of Jharkhand on 14 December, 2020
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 5879 of 2019
Mebal Soreng ..... ... Petitioner
Versus
1. The State of Jharkhand.
2. The Principal Secretary, Project and Finance Department, Government
of Jharkhand, Ranchi, officiating from Project Bhawan, Dhurwa,
Ranchi.
3. The Deputy Secretary, Project and Finance Department, Government
of Jharkhand, Ranchi, officiating from Project Bhawan, Dhurwa,
Ranchi.
4. The Deputy Commissioner, Simdega.
5. The District Establishment Deputy Commissioner, Simdega.
6. The Block Development Officer, Simdega. .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Samavesh Bhanj Deo, Advocate For the Respondents : Mr. Arun Kumar Dubey, A.C. to G.P. III
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03/14.12.2020 The present writ petition is taken up today through Video conferencing.
The present writ petition has been filed for issuance of direction upon the respondents to pay an amount of Rs.10 lakhs to the petitioner, as ex gratia lump sum compensation in terms with the resolution as contained in Memo No.1192 dated 11th June, 2011 (Annexure-1 to the writ petition) along with the interest at the rate of 18% from the date of the death of her husband till the date of actual payment, as the husband of petitioner died in an accident on 27th June, 2015 while he was returning to his house after discharging his duties as Nazir, Circle Office, Simdega.
The learned counsel for the petitioner submits that the petitioner is the widow of Late Alok Dungdung. It is further submitted that the petitioner's husband who was working as Nazir in the Circle Office, Simdega met with an accident on 27th June, 2015 while he was coming back home from his office and died. A first information report being T. Tanger P.S. Case No.29 of 2015 was registered by his nephew on 27th June, 2015 under Sections 279/304(A)/427 of the Indian Penal Code. It is further submitted that the Department of Finance, Government of Jharkhand issued a resolution as contained in Memo No.1192 dated 11th June, 2011 by which a decision was taken to pay rupees ten lakhs as ex gratia lump sum compensation to the family/dependent of the State Government employees who die in accident during service period. It is -2- also submitted that since the petitioner was not paid the benefit of ex gratia lump sum compensation, after the death of her husband, she filed a representation before the Deputy Commissioner, Simdega (the respondent no.4) on 18th December, 2015. The Block Development Officer, Simdega (the respondent no.6) vide his letter dated 23rd February, 2016 forwarded the representation of the petitioner to the Deputy Collector, Establishment Section, Simdega. The matter was forwarded to the Additional Chief Secretary, Department of Planning-cum- Finance, Government of Jharkhand, Ranchi by the respondent no.4 vide letter no.262(ii)/Est. dated 25th April, 2017, annexing a copy of the application submitted by the petitioner requesting for payment of the said ex gratia lump sum compensation to her. Thereafter, the Deputy Secretary, Planning-cum-Finance Department, Government of Jharkhand, Ranchi directed the respondent no.4 vide his letter dated 2nd February, 2018 to request the Finance Division (Budget Cell) for allotment of fund. However, no action was taken by the respondent-authorities in this regard till date. Hence, the petitioner has preferred the present writ petition.
Reference may be made to the order dated 14th November, 2019 by which the State respondents were allowed four weeks' time to file counter affidavit. However, no counter affidavit has been filed by the State respondents.
Having heard learned counsel for the parties and keeping in view that the respondent no.4, vide letter dated 25th April, 2017 has already forwarded the petitioner's representation to the Additional Chief Secretary, Planning-cum-Finance Department, Government of Jharkhand, Ranchi for taking decision with regard to payment of ex gratia lump sum compensation, the respondent no.2 is directed to take appropriate decision in terms with the resolution as contained in Memo No.1192 dated 11th June, 2019 with regard to the payment of ex gratia lump sum compensation as claimed by the petitioner. The said decision must be taken by the respondent no.2 within a period of three months from the date of receipt/production of a copy of this order.
The writ petition is disposed of with aforesaid direction.
(Rajesh Shankar, J.) Rohit