SABITA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Prayer has been made for quashing the order contained in memo no. 611 dtd. 11/12/2018, issued by respondent No. 4, whereby claim of petitioner for Ex-gratia Lump-sum compensation of Rs.10,00,000.00 on account of death of her husband during the Election Duty, has been rejected. Petitioner has further prayed that after quashment of the said order, respondents may be directed to pay ex-gratia Lump-sum compensation of Rs.10,00,000.00 along with statutory as well as penal interest.

(3.) Facts of the case lies in a narrow compass. The husband of the petitioner, a 4th grade employee was posted at Primary Health Centre, Lohardaga. The husband of petitioner was appointed as the 3rd Polling Officer for the Municipal Election, 2013 by the respondent No. 7 in pursuance of Sub-Sec. (1) and (3) of Sec. 26 of the Representation of People Act, 1963 and Jharkhand Municipal Election and Election Petition Rules, 28(1) of 2012. However, while the husband of the petitioner was on Election Duty, he suddenly died on 6/4/2013 and a death certificate to that effect was issued on 26/4/2013. After the death of her husband, the petitioner made a representation before the respondent-authorities for payment of ex-gratia Lump-sum compensation on account of death of her husband during election duty. Thereafter, vide letter No. 369 dtd. 10/12/2013, respondent No. 7 recommended the case of petitioner to respondent No. 3 for compensation of Rs.10,00,000.00 in light of resolution dtd. 13/1/2011 of respondent No. 5 and other provision of Election Commission, Govt. of India. Even after the aforesaid recommendation of respondent no. 7, the amount of ex-gratia lump-sum compensation of Rs.10,00,000.00 was not paid to the petitioner. Thereafter, the petitioner submitted several representations but all went vain. Finally, after keeping the matter for a long time, the claim of petitioner was rejected by respondent No. 4 vide memo No. 611 dtd. 11/12/2018, holding therein that