RABINDRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through this writ application the petitioner seeks direction to the respondents for making payment of ex-gratia amount of Rs. 1,00,000/- and for an appointment of petitioner's elder son, namely, Chandesh Chaudhary on compassionate ground on the post Grade IV on account of murder of petitioner's innocent minor son Mukesh Kumar Chaudhary by the extremist organization on 7-2-1998. Shorn of details, facts of the case necessary for consideration of this case are discussed as under :--

(2.) The petitioner's minor son, namely, Mukesh Kumar Chaudhary aged about 13 years was found missing from 4-2-1998 after he had gone to attend a cultural function at Dihara. On 6-2-1998 Sandesh P.S. Case No. 10/1998 was lodged against unknown persons under Sections 373 and 364 of the Indian Penal Code as the petitioner had apprehended kidnapping of his son. However, on the very next day, i.e. on 7-2-1998 the dead body of the aforesaid minor son of the petitioner was recovered from a well situated at Dihara as a result of which Sections 302/34 of the I.P.C. was added in the aforesaid case. The police after investigation submitted charge-sheet under Sections 302, 201/34 of the I.P.C. against 11 named accused persons belonging to some extremist group on 6-5-1998. It is stated in the writ petition that deceased son of the petitioner was student of Class VII in Khopira Middle School at Sandesh and his another son is about 23 years of age and has cleared his matriculation examination. The Circle Officer, Sandesh vide letter No. 87 dated 1-6-2000 (Annexure 1) submitted a detailed report with recommendation for payment of Rs. 10,000/- an ex-gratia to the petitioner but even that meagre amount is still to be paid to the petitioner. Thereafter, the District Magistrate, Bhojpur vide his letter No. 681 dated 16-11-1998 as contained in Annexure 2 has recommended for sanction of Rs. 20,000/- to the petitioner as the Sub-Divisional Officer, Sadar, Ara has recommended for payment of such amount on account of the fact that on 7-2-1998 the extremists have killed the son of the petitioner. Aforesaid matter remained pending before the respondent No. 2, the Commissioner-cum-Secretary, Home (Special) Govt. of Bihar.

(3.) The State of Bihar has come up with a circular, as contained in letter No. 25(C) dated 12-1-2001 (contained in Annexure 3) raising the earlier compensation amount that was being paid to the dependants of the deceased in accordance with the earlier notification dated 21-09-1987 (Annexure A to the counter affidavit) from Rs. 20,000/- to Rs. 50,000/- and, further, employment in Government to one person from such victim families in case of death due to terroris/extremists/caste rivalry or election related violence or mass murder etc. However, the case of the petitioner is that the matter had remained pending all along even after a lapse of about 13 years.