YAGAR MUANG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) IN this writ petition, the petitioner Smt. Yagar Muang, a widow made a prayer for a direction to the respondents/authorities concerned to pay Rs. 5,00,000 to her on account of death of her husband late Tajom Muang who was killed by the extremists while he was on duty on 7.6.1997. According to the petitioner, her late husband Tajom Muang, the then Assistant Engineer, PWD, Longding, Tirap district was brutally murdered by NSCN extremists on 7.6.1997 while performing his official duty namely, while making labour payments at the relevant time. The petitioner herein had claimed ex -gratia lump -sum compensation and payment of it to the legal heirs of the deceased employee through the petitioner and, her claim was considered by the Chief Engineer (E2), PWD, Arunachal Pradesh, Itanagar and the said Chief Engineer had recommended rather, urged the Government to accord the sanction of an amount of Rs. 2,00,000 as ex -gratia payment to the bereaved family of late Tajom Muang vide, office letter dated 30.7.1999 as in Annexure -A to the writ petitioner but, by virtue of a related order dated 12.1.2000, the Commissioner, PWD, Govt. of Arunachal Pradesh accorded sanction of a meagre amount not exceeding Rs. 3,000 (Rupee three thousand) only being ex -gratia payment to the petitioner -widow by invoking the alleged Ex - gratia Payment Act, 1987 of Arunachal Pradesh as seen in the document marked as Annexure -B to the writ petition. Being dissatisfied with such meagre amount, the petitioner further urged the Commissioner and Secretary to the Govt. of Arunachal Pradesh, PWD, Itanagar, the respondent No. 1 herein to review the said order dated 12.1.2000 which was communicated on 13.1.2000 by the latter and, apart from that, the petitioner also approached the Hon'ble Minister, PWD concerned for grant of atleast Rs. 5,00,000 (Rupees five lakhs) as ex -gratia lump -sum compensation by filing representation dated 17.1.2000 as in Annexure -D to the writ petition but, all are in vain and having no alternative, the petitioner approached this Court with this writ petition.

(2.) AT the hearing, Mr. M. Pertin, learned counsel appearing for the petitioner contended that the respondents authorities had almost admitted the case of the petitioner and in terms of the related Govt. of India circular, the petitioner is entitled the compensation to the tune of Rs. 5,00,000 as her husband was killed by the NSCN terrorist while he was on duty. Supporting his submission, Mr. Pertin, learned counsel has drawn my attention to the related circular pertaining to ex -gratia lump -sum compensation to families of Central Government Civilian employees who die in harness available in the Swamy's -Pension Compilation (Table of Benefits - 2000). 1 have perused it. It is also argued by Mr. Pertin, learned counsel that the sanction amount of Rs. 3,000 only as ex -gratia payment is too meagre and this does not honour the human rights and it is an insult to the soul of a dedicated and energetic Engineer like, the petitioner's husband who, lost his life at the hand of extremist/terrorist and also an insult to herself, i.e., the petitioner herein.

(3.) NOW this Court is to see and examine as to whether the petitioner -widow has legitimate right in the instant case or not; and whether the relief as sought for by the petitioner can be granted or not.