MINDRA DEVI Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) In this case, the appellant is the wife of late Awadhesh Prasad, who was the member of the Home Guard, was deputed in connection with election of Municipal Corporation of the year 2012 along with other Police party including Sub Inspector Bhola Prasad. Accordingly, he reached at night to the Middle School, Imadpur for conducting the election for Booth No.11 along with his associates namely, Krishna Kant Yadav, District Police No.1009 and Md. Shoab Alam, Home Guard No.111332. On 17.05.2012 at about 5:00 P.M. the husband of the appellant complained uneasiness, informed his colleagues that he was feeling dyspepsia and severe pain in chest and subsequently fell down on the ground, he was brought to the hospital for treatment but, doctor declared him dead. The appellant in pursuance of Resolution No.95 dated 20.01.2005, filed an application for grant of compensation of Rs.10,00,000/-, which stipulates that any Government servant including the Police Personnel deputed in election duty, died on account of violence, accident or any other reasons, the dependent would be entitled to Rs.10,00,000/- and the personnel from the Central Force would be entitled to Rs.2,50,000/- and rest payment of Rs.7,50,000/- would be made by the Central Government.

(3.) It also appears that after receipt of the application, the District Magistrate-cum- Returning Officer, Nalanda, vide memo no. 115 dated 06.06.2012 narrated the fact in detail to the Principal Secretary, that Awadhesh Prasad had died while he was deputed in election duty of the Municipal Corporation and as such in terms of aforesaid Resolution, recommended for payment of Rs.10,00,000/- but, ultimately, the claim of the appellant has been rejected vide memo no.1658 dated 23.02.2016 taking ground that the death has no casual connection with the duty assigned, placing reliance on Explanatory Resolution No.620 dated 27.05.2015 explained the Resolution No.95 dated 20.01.2005.