KEHAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. By this writ petition filed under Article 226/227 of the Constitution of India, petitioners pray for issuance of appropriate writ, order or direction to the respondents to pay compensation as awarded by the Delhi High Court in Civil Writ Petition No. 1429/96 in case of Smt. Bhajan Kaur v. Delhi Administration reported in (1996) 3 AD (Delhi) 333 : (1996 AIHC 5644) for the death of each victim in anti-Sikh Riots occurred in the year 1984 with interest thereon from the date of incident. The petitioners further pray to direct the respondents to give compassionate appointment to the family members of the petitioners.

(2.) Learned counsel for the petitioners submits that the incident took place in the town of Dongargarh (Chhattisgarh) where Shri Harmit Singh aged about 25 years, son of the petitioner No. 1 and the second one was Sardar Santosh Singh, aged about 58 years, who was husband of petitioner No. 2. It is submitted that on 15-11-1984 a sum of Rs. 20,000.00 was given on the spot as immediate relief to both the families and in the year 1998 Rs. 30000.00 was paid. Thereafter a sum of Rs. 50,000.00 was given. So far the petitioners have received the compensation of Rs. 1,00,000.00 in all on account of death of each victim. Learned counsel for the petitioners submits that the State of Madhya Pradesh in 1998 published a notice saying that if any of the relative or family member of the aggrieved family wants to make report, then he/she may make a report to the Police and pursuant thereto, son of petitioner No. 1 made a report to the police vide Annexure P-1 and Annexure P-2 in case of petitioner No. 2. Learned counsel for the petitioners submits that though the petitioners had made several representations before various authorities for enhancement of amount of compensation. It is further submitted that petitioners have filed representation for compassionate appointment vide Annexure P-3 and the Collector Rajnandgaon has refused vide letter dated 6-2-2001 (Annexure P-4).

(3.) Learned counsel for the petitioner submits that in Civil Writ Petition No. 1429 of 1996 (Bhajan Kaur v. Delhi Administration) reported in 1996 AIHC 5644, the Delhi High Court directed payment of Rs. 2 lakhs with interest and also made a general direction that this should apply to other similar cases. He has drawn attention to para 10 of the said Judgment which reads as under :