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Judgment
Heard Mr. M. Hussain, the learned counsel for the petitioner. Also heard Ms. M. Bora, the learned State Counsel representing the respondent Nos. 1,
4 and 5, Mr. J. Handique, the learned Standing Counsel for the Revenue and Disaster Management Department representing the respondent No. 2
and Mr. A. Chaliha, the learned Standing Counsel for the Finance Department representing the respondent No. 3.
The husband of the petitioner Late Rammohan Rajbongshi @ Rajmohan Rajbongshi was killed by extremist on 09.12.1999. The petitioner was
thereafter granted an ex-gratia of Rs. 1.00 Lakh vide Memo No. RR.27/99/153 dated 21.07.2001 issued by the Under Secretary to the Government of
Assam, Relief & Rehabilitation Department, Dispur, Guwahati-6. Another office Memo No. ABP 24/2009/Vol/658 dated 29.07.2013 was issued by
the Principal Secretary to the Government of Assam, Personnel (B) Department, Dispur, Guwahati-6 on the basis of the direction issued by this court
declaring that the provision of the 1992 Rules would be applicable in cases where applications for government jobs were made prior to 22.06.2004
more specifically the government considered the findings arrived by this court in WP(C) 3355/2007, Shri Dhaniswar Basumatary â€"Vs- State of
Assam where the Division Bench of this Court held that applications for appointment to Government posts made prior to 22.06.2004 would survive
even after coming into force of the new policy in 2004. In view of the aforesaid consideration the said office Memo dated 29.07.2013 stipulated as
follows:-
“(v) In case of persons killed in extremist violence prior to 2004, but whose relatives did not apply for any appointment prior to 22nd
June 2004 and had applied after 22nd June 2004 and may or may not have received ex-gratia grant under 2004 notification i.e. 3.00
lakhs,
(a) they shall now be given appropriate ex gratia payment as per No. ABP 121/92/Pt-V/136 dated 22.06.2004 adjusting the amount already
received if any and (b)they shall also be entitled to be considered under the scheme envisaged in the Government Circular above i.e. No.
ABP 121/92/Pt-V/136 dated 22.06.2004â€.
It would not be out of place to mention that the petitioner was given the ex-gratia grant of Rs. 1.00 lakh in the light of Government Notification
No.ABP.181/91/63 dated 8th April, 1992 and Memo No. RR.69/95/19 dated 22nd September, 1997. In view of the subsequent office Memorandum
Dated 29.07.2013, the petitioner has filed this writ petition seeking for the ex-gratia grant after deducting the one already received earlier.
Upon consideration of the submission of the learned counsel keeping in view of the Notification No. ABP.121/92/Pt-V/136 dated 22.06.2004 and the
subsequent one already discussed along with the decision of this court as hereinabove indicated, the respondent No. 2 is hereby directed to make the
payment of the balance amount to the petitioner within a period of 2 (two) months from this date subject to necessary enquires if so required.
Accordingly, this writ petition stands disposed of.