Mebal Soreng vs State Of Jharkhand And Ors

The present writ petition is taken up today through Video conferencing.

The present writ petition has been filed for issuance of direction upon the respondents to pay an amount of Rs.10 lakhs to the petitioner, as ex gratia

lump sum compensation in terms with the resolution as contained in Memo No.1192 dated 11th June, 2011 (Annexure-1 to the writ petition) along with

the interest at the rate of 18% from the date of the death of her husband till the date of actual payment, as the husband of petitioner died in an

accident on 27th June, 2015 while he was returning to his house after discharging his duties as Nazir, Circle Office, Simdega.

The learned counsel for the petitioner submits that the petitioner is the widow of Late Alok Dungdung. It is further submitted that the petitioner's

husband who was working as Nazir in the Circle Office, Simdega met with an accident on 27th June, 2015 while he was coming back home from his

office and died. A first information report being T. Tanger P.S. Case No.29 of 2015 was registered by his nephew on 27th June, 2015 under Sections

279/304(A)/427 of the Indian Penal Code. It is further submitted that the Department of Finance, Government of Jharkhand issued a resolution as

contained in Memo No.1192 dated 11th June, 2011 by which a decision was taken to pay rupees ten lakhs as ex gratia lump sum compensation to the

family/dependent of the State Government employees who die in accident during service period. It is also submitted that since the petitioner was not

paid the benefit of ex gratia lump sum compensation, after the death of her husband, she filed a representation before the Deputy Commissioner,

Simdega (the respondent no.4) on 18th December, 2015. The Block Development Officer, Simdega (the respondent no.6) vide his letter dated 23rd

February, 2016 forwarded the representation of the petitioner to the Deputy Collector, Establishment Section, Simdega. The matter was forwarded to

the Additional Chief Secretary, Department of Planning-cum- Finance, Government of Jharkhand, Ranchi by the respondent no.4 vide letter

no.262(ii)/Est. dated 25th April, 2017, annexing a copy of the application submitted by the petitioner requesting for payment of the said ex gratia lump

sum compensation to her. Thereafter, the Deputy Secretary, Planning-cum-Finance Department, Government of Jharkhand, Ranchi directed the

respondent no.4 vide his letter dated 2nd February, 2018 to request the Finance Division (Budget Cell) for allotment of fund. However, no action was

taken by the respondent-authorities in this regard till date. Hence, the petitioner has preferred the present writ petition.

Reference may be made to the order dated 14th November, 2019 by which the State respondents were allowed four weeks' time to file counter

affidavit. However, no counter affidavit has been filed by the State respondents.

Having heard learned counsel for the parties and keeping in view that the respondent no.4, vide letter dated 25th April, 2017 has already forwarded

the petitioner's representation to the Additional Chief Secretary, Planning-cum-Finance Department, Government of Jharkhand, Ranchi for taking

decision with regard to payment of ex gratia lump sum compensation, the respondent no.2 is directed to take appropriate decision in terms with the

resolution as contained in Memo No.1192 dated 11th June, 2019 with regard to the payment of ex gratia lump sum compensation as claimed by the

petitioner. The said decision must be taken by the respondent no.2 within a period of three months from the date of receipt/production of a copy of this

order.

The writ petition is disposed of with aforesaid direction.