JUDGMENT
1. Heard Mr. B Sarma, learned counsel for petitioner and Mr. D Goswami, learned GA for respondents. 1, 2 and 3. None appears for respondents No. 4. Though in this case Rule was issued as far back as on 17.7.98, till today no affidavit-in-opposition has been filed on behalf of respondents 1, 2, 3, 5, 6 & 7 affidavit-in-opposition also has been filed on behalf of respondent No. 4. This matter relates to grant of family pension, ex-gratia, and also special family pension etc. to the petitioner for the death of her husband in extremist violence. The husband of the petitioner was one late Ayan Chandra Roy, ABSI and he was posted in the Out post Serfanguri for law and order duty. On 11.1.89 at 8 p.m. I/C Serfanguri Out Post SI Atul Konwar received information that in an Ambassador Car that some youths extremists with arms and ammunition are moving Gossaigaon side towards Bongaigaon side. I/C Serfanguri Outpost long with section of police personnel including the husband
of the petitioner came out from Outpost to nab the Ambassador Car. However, the Ambassador car filed away from the place. The Ambassador was chased and in that process, the car which chased the Ambassador met with serious accident and as a result of which the husband of the petitioner along with two others died on the spot within the jurisdiction of Sidli Police Station and a case was registered as Sidli PS Case No. 6/89 u/s 279/337/338/304(A)/427 1PC. Enquiry report of the Superintendent of Police is annexed to this writ application and that is available at Annexure-A. Vide Annexure-B the following letter was written and that is quoted below :
"SPECIAL FAMILY PENSION TOP PRIORITY OFFICE OF THE DIRECTOR GENERAL OF POLICE : : ASSAM : : GUWAHATI : : Letter No. E/II-7247/7 Dated Guwahati, the 25.8.89. To The Spl Commissioner & Secy to the Govt of Assam, Home (A) Deptt., Dispur, Guwahati-6 Sub : Special family pension to the next of kin of deceased ABSI Ayan Ch. Roy of 7th APBn killed in the recent Bodo Agitation. Ref: Govt. O.M. No. FMP 40/85/7 dated 26-8.85 Sir.
In inviting a reference to the above, I am to state that platoon No. 7 of 7th APBn was posted at Serfanguri O/P for law and order duties in connection with Bodo agitation. On 11.1.89 at about 8 p.m. I/C Serfanguri O/P received an information that some Bodo extremist are coming towards Bongaigaon from Gossaigaon via L.R. Road with arms and ammunition in an Ambassador car.
SI, Atul Konwar, I/C of Sarfanguri with one section of 7th APBN personnel tried to intercept the car but the car fled away SI Atul Knoward immdtly with others officers and staff present at the O/P chased the car in a public Mini Bus bearing No. AML-1557. ABSI Ayan Ch. Roy was also in police party. While the extremists were proceeding towards Samthaibari, in an attempt to catch the car the Mini Bus made with a serious accident at Lauriapara near Samtharbari As a result, ABSI Ayan Ch Ray and two others died on the spot. The Bodo extremist with the carmanaged to their good escape from the vicinity of the public party.
He left behind his widowed wife Smt. Sumitra Bala Ray, two minor sons. It is a fit case for Special Family Pension.
The Govt. may kindly consider this case with the purview of O.M. referred above.
It is, therefore, requested that Govt. may kindly convey sanction of Special Family Pension at an early date. The undermentioned documents are forwarded herewith may be forwarded to the Accountant General, Assam, Bhangagarh, Ghy-5 for authorisation.
Yours faithfully,
Sd/- B Singh
Inspector General of Police, OSD
Assam, Guwahati.”
But nothing was done and vide annexure-C that was turned down. That is quoted below :
GOVERNMENT OF ASSAM
HOME (A) DEPARTMENT :::::
NO. HMA. 390/89/19 Dated Dispur, the 22nd Nov/89
From : Shrl D Bora
Under Secretary to the Govt of Assam.
To : The Inspector General of Police, OSD Assam Ulubari, Guwahti -781 007
Sub : Special Family Pension to the next of kin of late ABSI Ayan Ch. Roy of 7th APBn.
Ref : Your letter No. E/II-724717 dt. 25.8.89.
Sir,
In inviting a reference to your letter cited above, I am directed to say that the Govt. regret their inability to consider the proposal in view of the fact that late Roy was unfortunately killed while travelling in a vehicle that met with an accident. The death is, therefore, not directly linked with extremist violence, it was a case of accident.
Yours faithfully,
Sd/- Illegible
Under Secretary to the Gov. of Assam.,
Home (A) Department.”
The matter was further pursued by Inspector General of Police and the Office Memorandum which is subje0ct-matter of dispute in this car -reads as follows :
“Only the families of Govt servants who die while performing duties or in connection with discharging of duties, as a result of attack by
extremists, anti-social elements etc. or during action against dacoits, smugglers, hostiles or other anti-social elements will be entitled to the Special Family Pension in terms of O.M. FMP. 40/85/7 dated 26.8.85.”
2. In this particular case, the police personnel including the late husband of the petitioner died while performing duties, inasmuch as, while the police personnel chased the car of the extremists, if met with an accident and as a result, the husband of the petitioner died. So, this cannot be termed to be a case of death in an ordinary accident, but it is a case while performing duties during the action against extremists as notified in the Office memorandum dated 26.8.85 which shows that family pension shall be available to the person who are killed while engaged in discharge of duties or for reasons connected with the discharge of duties. So, in this particular case, it cannot be said that chasing of the car of extremists by the husband of the petitioner was not connected with the discharge of duties. In view of that matter, this writ application is allowed and the authority is directed to pay special family pension along with ex-gratia payable to the petitioner in terms of the office memorandum as indicated above. The orders rejecting the prayer of the petitioner shall stand quashed. The payment shall be made within a period of 3(three) months from the date of receipt of this order. The arrear if any that also shall be paid.