MEYIKUMLA Vs. STATE OF NAGALAND AND OTHERS

JUDGEMENT

(1.) The petitioner is the widow of one Toschichiba who died on 28.10.2000 in the Jorhat Christian Medical Centre on account of an incident of electrocution that had occurred at Tuli Electrical Mail Transmission Centre on 19.10.2000. At the time of his death, the petitioner's husband working as a Jugali under the Executive Engineer, Changtongya Power Division. The present writ petition has been filed for direction to the respondents to pay ex-gratia to the petitioner by taking into account the scheme contained in the Office Memorandum dated 6th June, 1995 which visualizes payment of ex-gratia to Government servants killed in action/encounter.

(2.) The claim made has been resisted by the respondents, primarily by means of an affidavit filed and also by the oral arguments advanced by Shri L. S. Jamir, learned Government Advocate. According to the respondents, as the Office Memorandum dated 6.6.1995 applies to officers killed in action/encounter and there was room for doubt regard to the applicability of the said Office Memorandum to workers in the Power Department who suffered accidental injuries or death, the Government has proposed to promulgate a scheme for ex-gratia payment to Power Department workers by replacing the exiting risk allowance of Rs. 25 P.M. According to the respondents, the Association of Power Workers in the State refused to accept the aforesaid contemplated measure and instead demanded 100% enhancement of risk allowance which eventually had to be granted and the scheme of ex-gratia had to be abandoned. In these circumstances it has been contended that the writ petitioner would have no legal right to seek any direction to compel the respondents to pay ex-gratia to the petitioner.

(3.) The concept of ex-gratia has its roots in the basic duties enjoined on a welfare State. Ex-gratia payment is an act of graties, which act, the State resorts to out of compassion in situations where human misery has occurred for reasons beyond human control. Ex-gratia, therefore, has its origin in human conscience and in the benevolence that a Government must display in a welfare State. Viewed from the aforesaid perspective, it will hardly be possible for a court of law to recognise in a citizen any legally enforceable right to claim and receive ex-gratia though a duty may be a read in the state to consider the entitlement of a citizen to ex-gratia in a fair, reasonable and unbiased manner. It is not any right vested in a citizen that the Govt. would enforce but is the duty that is enjoined on the State that the court may require the State to perform.