UMESH CHANDRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE writ petitioner is the widower of lady Government teacher who was recruited for 1998 Parliamentary Election work for the District Election Officer -cum - District Magistrate, Vaishali. It is not in dispute that while she was moving in course of her election duty on 21.2.1998, she was hit by a motorcycle as a consequence of which she died. On behalf of the petitioner, it fs stated that the State Government had taken a resolution (Annexure -1) dated 5.5.1997, wherein it was decided that any person who dies in course of election duty would be paid ex gratia amount of Rs. 2.50 lacs. The petitioner 'sfurther case is that after the said death the Chief Election Commissioner - cum -Secretary to the Government of Bihar, wrote to the Secretary, Department of Secondary, Primary and Mass Education, Government of Bihar (Annexure -2) clearly noticing the said facts and directing the State Government to make immediate payment of ex gratia amount of Rs. 2.50 lacs as a consequence of death of petitioner 'swife, requests were made but nothing came out of it and, as such, ultimately the petitioner has come to this court. Petitioner has filed a supplementary affidavit that even though the petitioner 'swife died in course of election duty as a consequence of accident aforesaid, no claim about the act of motorcycles had been lodged. A counter affidavit has been filed on behalf of the District Superintendent of Education, Vaishali wherein though it has been admitted that the wife of the petitioner had died in road accident while she was on way in election duty, he has denied the liability on the sole ground that the death was not caused as a consequence of any election violence. Having heard the parties and with their consent, this writ application is being disposed of at the stage of admission itself.

(3.) IN view of the letter of the Chief Election Commissioner and the counter affidavit, it is indisputedly clear that the petitioner 'swife died while she was in course of election duty. Had she not been requisitioned for election duty she would not have been at the place and at the time when the accident took place. In such a situation it cannot be said that her death was not caused in course of election duty. The question then is whether she is covered by the resolution of the State Government as referred to above. The Chief Election Commissioner, Bihar thinks that she is covered and accordingly directed the State Government immediately to pay the said amount. This direction was issued as far as back in 1999. This court also thinks she is liable to be paid to the said amount because in view of this court, in letter the spirit of the resolution is to provide a security to people being recruited for election duty. The manner in which a person dies in course of the duty, is not the determining factor that the death must be caused in courses of election duty and not otherwise. That facts stand established and accepted by all concerned. In that view of the matter, in my view, the petitioner 'sclaim is genuine, bona fide and lawful. Ex gratia payment has to be made to the petitioner. accordingly, direct the respondents State and in particular Secretary, Department of Primary, Secondary and Mass Education to make ex gratia payment of Rs. 2.50 lacs to the petitioner within one month of production of copy of this order positively