IN THE HIGHT COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1053 of 2004
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Ashok Kumar Petitioner
Versus
1. The State of Jharkhand through Secretary,
Home Department, Ranchi
2. District Election Officer-cum-Deputy Commissioner,
Hazaribagh Respondents
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Coram: Hon'ble Mr. Justice D.G.R. Patnaik
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For the Petitioner: Mr. Premchand Tripathy, Sr. Advocate
For the Respondent: Mr. Manoj Tondon, SC-II
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5. 12.10.2009
Petitioner’s claim in this writ application against the respondents is for
payment of balance due of ex-gratia amount on the ground that the petitioner who
was employed under the respondents, has suffered extensive grievous injury in a
Landmine Blast set up by the banned MCC organization.
2. Counter-affidavit filed on behalf of the respondent no. 2 appears to be the
report affirming the fact that the petitioner, in course of his employment, had
suffered injury on account of Landmine blast laid down by the extremists. It is
also informed through the counter-affidavit that Government had notified its
scheme for making ex-gratia payment to all such Government employees who
have suffered injury in course of their employment in extremist violence.
3. It also appears that the petitioner has claimed payment of ex-gratia amount
of Rs. 2,32,963.45 on the basis of the scheme notified by the Government and
also the amount of expenditure incurred for medical treatment.
4. Considering the fact that the issues raised in this writ application are not
strictly disputed, I dispose of this writ application with a direction to the
respondent no. 1, Secretary, Home Department, Govt. of Jharkhand, Ranchi to
consider the petitioner’s representation and upon considering the grounds stated
therein, take a decision by passing a reasoned and speaking order, upon the relief
claimed by the petitioner and communicate such decision to the petitioner
effectively, within a period of three months from the date of receipt / production
of a copy of this order. In the light of the admitted facts, if the petitioner is found
entitled to the monetary compensation by way of ex-gratia payment, the
Secretary, Home Department, Govt. of Jharkhand shall issue instruction for
release and payment of such amount to the petitioner, within one month from the
date of the decision taken by him.
Let a copy of this order be given to the learned counsel for the respondent
State.
(D.G.R. Patnaik, J)
Ranjeet/