SUNITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The present writ petition has been filed for the following relief/s:-

(3.) Learned counsel for the petitioner submits that the husband of the petitioner was posted as an Assistant Sub-Inspector of Police in Bachhwara Rail Police Station. He submits that the husband of the petitioner along with the Station Head Officer of Bachhwara Rail Police Station and others proceeded from the police station by a government Bolero vehicle on 11/7/2016 to Barauni for raid in connection with Bachhwara Rail P.S Case No. 01 of 2016 registered for the offence under Sec. 379 of the Indian Penal Code. But, in the way, the said Bolero vehicle met with an accident with a Maruti Swift Car bearing Registration No. BR9P-3582. In result, the petitioner's husband died. Counsel submits that after the death of the petitioner's husband, the Superintendent of Police recommended his case for the grant of ex-gratia amont of Rs.10,00,000.00 (Rupees Ten Lakhs), as the petitioner's husband died while discharging his duties. Counsel submits that according to the Circular/Resolution contained in Memo No.78/2005-1441 dtd. 10/10/2013 (Annexure-P/4), it is categorically stated that while discharging duty, if, accident took place which resulted into death, then the dependent of that government servant become entitled to receive the ex-gratia amount. He submits that the said ex-gratia amount of Rs.10,00,000.00 (Rupees Ten Lakhs) has not been granted to the petitioner till date, and in-spite of the recommendation made by the Superintendent of Police, the payment has not been made. Therefore, the present writ petition has been filed for the said relief.