MIRA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) s writ petition has been filed by the Petitioner for seeking a direction to the Respondents to make payment of Rs. 10,00,000/- (rupees ten lakhs) as an ex gratia grant in pursuance of the Police Order No. 23/05 issued by the Respondents vide notification No. 1941 dated 29.4.2005. It is alleged in the writ petition that husband of the Petitioner died on 29.10.2000 in an encounter with the Naxalites during duty hours being an escort party for the security of the Education Minister of the State and thereafter, the son of the Petitioner was employed on compassionate ground in place of the deceased husband of the Petitioner and other benefits of service were given. On 28.10.2000, the Higher Education Minister also sanctioned an ex gratia amount of rupees five lakhs to be paid to the wife of the deceased Constable namely Mira Devi. Thereafter, Circular was issued in which the ex gratia amount has been increased up o Rs. 10,00,000/- (rupees ten lakhs) which has not been given to the Petitioner inpite of her requests. So, the Petitioner feeling aggrieved by the said inaction on the part of the State has preferred this writ petition before this Court.

(2.) The writ petition was contested by the State. It is alleged that the husband of the Petitioner was killed on 29.10.2000 in encounter with the Naxalites and the Petitioner has been paid Rs. 2.50 lakhs as ex gratia amount. It is further alleged that the provision to pay Rs. 10,00,000/- (ten lakhs) as ex gratia amount as claimed by the Petitioner was enforced w.e.f. 21.3.2001 vide the Government Order No. 64 of 2000. The encounter had taken place prior to the enforcement of the said order and therefore, the Petitioner is not entitled to claim the said amount.

(3.) I have heard the learned Counsel for the parties and perused the records.