JAGMATO DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is the widow of Late Nand Kishore Prasad Yadav, who was posted as A.S.I. at Phulwaria police station in the district of Gopalganj. Her husband was deputed on election duty as per the order of the Deputy Inspector General, Saran, Chapra alongwith other police officers to the State Assembly re -poll of Chapra district vide command no. 893164 dated 23.2.2000. He was deputed on re -poling duty of Taraiya Assembly Constituency at Booth No. 230 Primary School Guraul vide Command No. 1246240. While on duty after the re -poll Nand Kishore Prasad Yadav had some chest pain and he was advised and referred to P.M.C.H. or I.G.I.M.S., Patna for consulting cardiologist. When he came to Patna he was shot dead by some unknown criminals in the postal park area of Kankerbagh police station and his service revolver was also looted. An F.I. R. in this connection was instituted with Kankerbagh police station and case no. 119 of 2000 dated 25.2.2000 was registered under Sections 302, 379/34 of the Indian Penal Code and 27 of the Arms Act.

(2.) GRIEVANCE of the petitioner is that her husband died on election duty, but the respondents authorities have not paid the Insurance amount payable to a police personnel dying on election duty as well as rupees two lacs fifty thousand ex gratia amount. Her family pension has also not been passed, rather adjusted, on this plea that her husband did not pass Hindi Noting and Drafting Examinations as such the increments paid to him are excess payment, liable to be adjusted.

(3.) THE State Government by resolution dated 5.5.1997 has resolved to make payment of ex gratia to such police personnel who died or became injured in course of election duty, or in course of their duty due to terrorists activity or any criminal activity. Petitioner 'shusband was killed by criminals while on election duty as such the petitioner is entitled for ex gratia amount but that is not being paid.