MONIRA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) PRAYING for issuing a writ of mandamus and or any other appropriate writ/order or direction for releasing payment of ex-gratia grant of Rs. 5 Lacs in terms of the provisions of the Office Memorandum dated 6. 11. 97, the instant writ application has been filed under Article 226 of the Constitution of India.

(2.) THE petitioner's case in brief, is that the writ petitioner is the wife of late Gonzer Ali who was working as Constable under Assam Forest Protection Force. On 10. 10. 98 when he was on duty at Assam Forest Protection Force Camp (for short the Camp) under Borbadha Forest Range Office, Dhubri Division in the Kokrajhar District, the Santhal extremists attacked the said camp at about 3. 30 PM and in the exchange of fire with the said extremist Md. Gonzer Ali died alongwith other Assam Forests Protection Force personnel. Accordingly, on the basis of the FIR, Tamarhat Police Station Case No. 93/98 under Sections 147/148/149/326/302 IPC read with Section 27 (A) of the Arms Act was registered. Post mortem examination was conducted over the dead body of the deceased Gonzer Ali wherein it revealed that he died as a result of bullet and cut injury sustained by him.

(3.) VIDE Office Memorandum dated 6. 11. 1997 the Government has taken a policy decision to grant an amount of Rs. 5 lakh to the next of kin of various security forces including Assam Police, CPMF, Army, Assam Rifles, Home Guards and police force of other States involved and killed in counter insurgency operation in Assam as ex-gratia irrespective of rank of such personnel. However, the same has been denied to the petitioner on the ground that husband of the petitioner was a Constable of Assam Forest Protection Force and was killed by the extremist while on duty, but not in "counter insurgency operation. " Hence this writ petition with the aforesaid prayer.