HIRAMANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner in this writ application, has prayed for a direction upon the respondents to pay her compensation for the loss of life of her husband who had died in extremist violence and also to grant compassionate appointment to her son.

(2.) The petitioner's case is that her husband was a social worker and used to assist the police in search operations against the extremists. In course of such police operation, on account of extremist violence on 23.9.1998, the petitioner's husband was fatly injured and he died. In spite of such death on account of extremist violence, the concerned authorities of the respondent State Government have not paid any amount of compensation to the petitioner and in spite of her repeated representations, neither have they considered the petitioner's claim for compensation nor for grant of compassionate appointment to her son.

(3.) In the counter-affidavit, as it appears, though the respondents have acknowledged that the petitioner's husband had died in extremist violence, the stand taken for refusing to concede the petitioner's prayer for compensation is that the petitioner did not approach the concerned authorities of the respondents in time and she has filed the instant writ application after lapse of more than nine years and therefore, she is not entitled to claim compensation. A further stand has been taken by the respondents that though, the State Government way back in 1987, had taken a policy decision to pay compensation of Rs. 20,000/- to the dependents of such person who may die in extremist violence, but there was no policy decision taken by the State Government for granting any compassionate appointment to any surviving heir / legal representative of the deceased.