(1.) Heard counsel for the parties. Petitioner is seeking adequate compensation from the State Government as well as Government of India on account of death of her husband, Ishwar Das due to extremist violence on 4.10.2011.
(2.) According to the petitioner on 4.10.2011 some extremists killed her husband Ishwar Das and her father-in-law Fatinder Das. The first information report was lodged by her mother-in-law. Petitioner is the wife of late Ishwar Das and is at the verge of starvation and working as maid servant to meet the ends of her family. It is further submitted that earlier petitioner's mother-in-law had given an application relating to claim of compensation and compassionate appointment before the Circle Officer, Bolwa, Simdega (Annexure-3).
(3.) Respondent-State in their counter affidavit has made categorical statement that as per the resolution of the State Government contained at Annexure-B to the counter affidavit dated 16.2.2006 and the earlier resolution contained at Annexure-C dated 7.5.2003, compensation is payable to victim on extremists violence as per the criteria laid down therein. In case of death the compensation is to the tune of Rs. 10 lakhs, for permanent disability compensation is of Rs. 50,000/- and Rs. 10,000/- for seriously injured person. However, the same resolution also prescribed the condition in which the benefit could not be accorded to any dependent of such deceased if the deceased is himself a extremist or terrorist or a charge-sheeted accused or has been killed in a legal police encounter or has suffered injuries on that account or disability. By referring to Annexure-D, minutes of the meeting dated 8.10.2012 held under the chairmanship of the Deputy Commissioner, Simdega, it is submitted that the petitioner's application was also considered and it was found that there are 5 criminal cases pending against the deceased Ishwar Das which are as follows:--