NIRANJAN SINGH KHANUJA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has prayed for quashing the office order dated 10th September, 2008 (Annexure7) passed by the Deputy Commissioner, Dhanbad, whereby the petitioner's claim in view of the decision of the Government dated 6th February, 2006, regarding rehabilitation package, has been rejected.

(2.) ACCORDING to the petitioner, he had made claim of compensation in the year 1984 and an amount of Rs.10,000/ as compensation was recommended by the concerned authority, but the said amount was not paid to the petitioner. ACCORDING to the policy decision, the benefit of rehabilitation package is to be given to the victims, who were already got some compensation earlier. It has been submitted that though the payment of compensation was not made to the petitioner earlier, recommendation was made in his favour and that should be treated as payment of compensation made to the petitioner. Learned Deputy Commissioner without taking into consideration the said fact has arbitrarily rejected the petitioner's claim on the ground that no compensation amount was paid to the petitioner earlier and as such, he is not entitled to get the benefit of rehabilitation package. Since the petitioner's claim of compensation was entertained and recommendation was made to pay Rs.10,000/ as compensation, the petitioner is entitled to get the benefit of rehabilitation package announced by the Government.

(3.) THE impugned order of the Deputy Commissioner is well considered and supported by reason. I find no illegality or arbitrariness in the impugned order, warranting interference with the same.