PADMA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr W Rahman, learned counsel for the petitioner and Mr R Borpujari, learned Standing Counsel, Revenue and Finance Departments, Government of Assam. Also heard Ms K Phukan, learned Government Advocate, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of speaking order dated 3.3.18, passed by the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department, rejecting the claim of the petitioner for payment of exgratia grant on account of death of her husband and further seeks a direction to the respondents to pay total ex-gratia grant of Rs. 3 lacs as the next of kin of deceased killed by extremists in terms of Govt. notification dated 22.6.04 and office memorandum dt. 29.7.13.

(3.) Case of the petitioner is that she is the widow and next of kin of late Nripen Kalita, a resident of village Barkhanajan under Nalbari Police Station in the district of Nalbari. According to the petitioner, her husband was killed by extremists on 30.11.2000. However, none of the assailants could be apprehended. In the meanwhile, vide order dated 26.6.06 of the Under Secretary to the Govt. of Assam, Relief and Rehabilitation Deptt. an amount of Rs. 5,000 was paid to the petitioner.