IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 6775 of 2007
Gorakh Nath Dhar Dubey ... ... ... ... Petitioner
Versus
The State of Jharkhand & Ors.... ... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the Petitioner: Mr. Ajit Kumar
Mr. Amit Kr. Tiwari
For the Respondents: Mr. J.C. to S.C.(Mines)
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9/17.4.2009
This writ petition has been preferred for issuance of an
appropriate writ, order or direction to pay suitable compensation to
the petitioner along with the amount with respect to the medical
and other expenses borne by the petitioner for the injuries and
disablement sustained by him on 27.03.2007 during the Election
Duty for the bye-election to the House of People, 2007 for the
Palamau Constituency as was announced by Hon’ble the Chief
Minister, Government of Jharkhand and as per Policy Decision of
the State of Jharkhand and for which the required formalities have
already been completed but the compensation has not been paid to
the petitioner till today.
The respondent no.4, District Election Officer-cum-Deputy
Commissioner, Garhwa in its counter affidavit has annexed the
Resolution No. 376, dated 4.1.2006, Govt. of Jharkhand at page 10
as annexure B which clearly provides for compensation and even
the ratio is prescribed it includes payment of compensation in case
of death and disability.
A specific case has been made out by the learned counsel
for the petitioner that even the list which has been annexed as
Annexure A to the counter affidavit at page 8, persons at Sl. No. 2
and 4 who were disabled to the extent of 20% and 10% have
already been paid the compensation. He has referred to and relied
upon a Judgment passed by a Division Bench of this court being
W.P.(C) No. 66/08 along with a batch of matters which was
disposed of on 3.12.2008 wherein directions were issued to make
the payment of compensation within three months.
In the light of the aforesaid facts and submissions as well as
counter affidavit filed by the respondents, it will be in the interest
of justice to direct the respondents to take a decision for payment
of compensation in accordance with their own resolution and also
2.
in view of the Judgment passed by a Division Bench of this Court
and communicate the same to the petitioner within a period of six
weeks from the date of receipt of a copy of this order.
This writ petition is accordingly disposed of.
(Ajit Kumar Sinha, J)
Sudhir/