PUNYA CHUTIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Dasgupta, learned counsel for the petitioner and Mr. H.K. Mahanta, learned Government Advocate, Assam.

(2.) The petitioner is the wife of one Padma Kanta Chutia who was a Havildar in the Assam Police. At the relevant point of time he was attached as the Personal Security Officer of the Chairman of the Jute Mill at Silghat. In a road accident that had occurred on 11th June 2001 the husband of the petitioner died while on duty. Failing to receive special family pension and ex-gratia payment in terms of the relevant Government Notifications in force, the petitioner, as the widow of Late Padma Kanta Chutia, has approached this Court seeking appropriate judicial intervention in the matter. After the filing of the writ petition the petitioner has filed an additional affidavit on 10th June 2003 citing three specific instances where ex gratia had been paid by the State to the families and dependents of deceased who, according to the petitioner, died in circumstances similar to those in which her husband had passed away.

(3.) The claims made in the writ petition have been resisted by means of an affidavit filed by the Inspector General of Police, O.S.D., Assam, wherein the stand taken is that the petitioner is neither entitled to special family pension nor to ex gratia in terms of the relevant Office Memorandum dated 6th of November 1997. In so far as payment of ex gratia to other similarly situated persons, as mentioned in the additional affidavit of the petitioner, is concerned, the stand taken in the counter affidavit filed by the Inspector General of Police is that those cases are distinguishable because of the special facts attending the same.