JYANTI MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the petitioner has sought for direction upon the respondent to pay ex-gratia compensation of amount of Rs.10,00,000/ in favour of the petitioner on account of death of her husband namely Jengra Munda who lost his life in election duty of Panchayat Election 2010 within the district of Giridih, Jharkhand.

(2.) The brief facts of the case of the petitioner as per the pleading is that the husband of the petitioner was employed in State Auxiliary Police (SAP) as police driver no.377 who has given duty of Panchayat Election scheduled to be held sometime in the year 2010. The statement has been made that the husband of the petitioner initially got frightened to go to Giridih as because of the reason that Giridih district is dangerously naxals affected but since he was given direction to discharge the election duty, having no option he moved to join on the election duty but he died, F.I.R was instituted and the post mortem has also been conducted wherein no reason of death has been shown.

(3.) Mr. Ashok Kumar Pandey, learned counsel for the petitioner has advanced his argument by taking aid of the following grounds: