MD BASIRUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Naushaduzzoha, learned counsel for the petitioner, learned AC to Principal Addl. Advocate General-II as well as Sri Siddharth Prasad, learned counsel for Respondent no. 2.

(2.) The petitioner, who received injury while on election duty of State Legislative Assembly, 2005, which was to be held on 13.11.2005, was constrained to approach this Court by filing the present writ petition in the month of August,2008, with a prayer to direct the Respondents to pay compensation in the light of the State Government resolution dated 20.01.2005 (Annexure-8 to the writ petition).

(3.) It has been pleaded that the petitioner was a government employee and posted as Panchayat Sewak(Anusewak) at Block Office, Supaul. For general election of State Legislative Assembly Bihar, 2005, the petitioner was appointed as a 2nd Polling Officer at Polling Booth No. 21, Primary School Dudhaila at Kishanpur Assembly 111 and party No. 122. He was given Unique Number 4829 vide Annexure-1 to the writ petition. The election was to be held on 111.2005. The petitioner, thereafter, had moved for polling booth, for which he was required to cross Koshi river through boat. While moving, accidentally the boat turned down and in the said accident, the petitioner received serious injuries. However, even after receiving injuries, he participated in the election duty. He was examined by the doctor. The petitioner had received fracture injury of 'rib' as well as fracture of his right hand. It is case of the petitioner that in view of government resolution dated 20.01.2005(Annexure-8 to the writ petition), the petitioner was got examined by a Medical Board, headed by the Civil Surgeon-cum-Chief Medical Officer and, thereafter, his case was recommended. By way of referring to Annexure-5, it was submitted that the District Election Officer-cum-District Magistrate, Supaul vide its letter No. 32-1 dated 12.02006 asked the Civil Surgeon-cum-Chief Medical Officer to constitute a Medical Board regarding assessment of disablement of the petitioner, which had occurred in an accident. Only thereafter, a Medical Board was constituted and the petitioner was examined.A report of the Medical Board has been brought on record as Annexure-6 to the writ petition. The presiding officer had also given a certificate that the petitioner had received injuries while crossing Koshi river to attend election duty. It has been claimed that firstly, the District Election Officer-cum-District Magistrate had recommended the case for the petitioner for grant of compensation, but one way or the other, no compensation was paid to the petitioner, whereas the petitioner had received injuries, in which his one hand was fractured, besides fracture of the ribs.