Mst. Rehmat Jan and Others vs State and Others

Muzaffar Jan, J.—Writ petition has been filed, praying for direction to the respondents to release the amount of Rs. 1.25 lacs in favour of the

petitioner and quash the impugned order No. Home 318 (Relief) 98 dated 18.8.1998.

Main submissions taken in the writ petition are that the husband of the petitioner a constable in the police department died, while on duty on 2-

10-1992 by bullet injury fired accidentally by another constable of the same department.

The main grievance of the petitioner is that being poor and unable to maintain the two minor children of the deceased, without any source of

livelihood, the amount of compensation of Rs. 5000/- is too meager to sustain the liability left by the deceased. On these grounds, it is submitted

that ex-gratia relief, which is permitted to others on death caused by militancy related violence, may also be granted on same analogy to the

petitioner.

In reply, the stand and submission of the respondents is that, the petitioner is not entitled to ex-gratia relief but is entitled to service and other

connected benefits. The specific stand of the respondents is that the husband of the petitioner has not been killed in militancy related violations and,

as such, the petitioner is not entitled to benefit under Government order No. 723-GR-GAD of 1990 dated 10.7.1990.

Heard learned Counsel for the parties at length.

The facts which are admitted are that the deceased constable, husband of the petitioner and father of two minor children died, while he was on

duty, due to the bullet injury caused by another constable. Government order No. 723-GR-GAD of 1990 dated 10.7.1990 provides ex-gratia

relief where the person is killed in consequence of due performance of official duty.

In view of the settled position of law that, the State is bound by the acts of officials, if the acts amount to negligence and result in loss of life of a

person without legal justification. In the instant case, the bullet fired by another constable has resulted in the death of the bread earner, resulting in

deprivation of the only source of livelihood, the relief has to be moulded to balance the rights of the parties and ensure complete justice. The State

in the present facts and circumstances would be bound to pay compensation for the acts of its servants, which acts would not be covered by law

and would be beyond the protection guaranteed to the public servants of the State for compensation from the State.

The writ petition for above reasons is allowed, with the direction that the respondent No. 1 will pay an amount of Rs. 1.00 lac to the petitioners

as compensation for death of the Constable Sher Dil Mir. Disposed of accordingly alongwith the CMPS.