GIRIJA SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the counsel for the parties. The petitioner has claimed compensation of Rs. 10,00,000/- on the death of her husband said to have been killed by the extremists in course of employment and as such she is entitled to the compensation in view of the notification of the Finance Department, contained at Annexure-3 dated 11.6.2011.

(2.) According to the petitioner, her husband was placed under suspension on 23.9.2005 at his headquarter at Gola Circle by the order of the Deputy Commissioner, Hazaribagh. He was however killed by the extremists on 31.10.2006 while a departmental proceeding initiated against him was continuing and he was still under suspension. An order was passed in the departmental proceeding, thereafter exonerating him of the charges, however holding that he will not be paid full salary apart from the subsistence allowance during the period of suspension. The said order was challenged by the petitioner in W.P.S. No. 3318 of 2007 which was decided on 17.9.2008. It is submitted that this Court, in the circumstances, held that the stand of the respondents not to pay the full salary to the deceased employee during the period of his suspension is quite illegal and accordingly, the said order was set aside. The respondents were directed to pay the death-cum-retrial benefits to the petitioner-wife of the deceased employee on her representation including the salary of her husband during the period of his suspension. It is submitted that vide resolution dated 11.6.2011 (Annexure-3) the dependent of the deceased employee, who has died during his period of employment on account of violent act of extremists/anti-social elements is entitled for compensation of Rs. 10,00,000/-. Accordingly, she made representation before the district authorities at Hazaribagh vide Annexure-4 but they have not yet made such payments.

(3.) Respondents in their reply by way of counter affidavit have taken stand that the Circle Officer of the concerned circle, Keredari was asked to submit a report relating to the presence of the deceased employee in the said circle during his period of suspension. On the basis of the letter contained at Annexures-E and F it has been stated that the Circle Officer, Gola has reported that there was no information in relation to the whereabouts of the petitioner's husband after 24.10.2006. He died while on unauthorized absence and not during duty hours and therefore the petitioner is not entitled to compensation claimed.