Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13191 of 2008 ====================================================== Mandeep Ram son of late Nar Singh Ram, resident of village Majuraha, P.S. Turkauliya, District East Champaran, Versus .... .... Petitioner 1. The State Of Bihar, 2. The Chief Secretary, Government of Bihar, Patna, 3. The Deputy Secretary, Home(Special) Department, Government of Bihar, Patna, 4. The Director General of Police, Bihar, Patna, 5. The Assistant Director General of Police(Welfare), Bihar, Patna, 6. The Commandant, Bihar Home Guard, Patna, 7. The Collector, Motihari, East Champaran, 8. The Collector-cum-Chairman, District Compensate Committee, Motihari, East Champaran, 9. The Superintendent of Police, Motihari, East Champaran, 10. The District Commandant, Bihar Home Guard, Motihari, East Champaran, 11. The Union of India through the Superintendent Main Post Office (Pradhan Dak Ghar), Postal Department, Motihari, East Champaran, .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.12857 of 2008 ====================================================== 1. Sunaina Devi wife of late Bhagwan Yadav, resident of village Shankara Saraiya, P.S. Turkauliya, District East Champaran, 2. Jathi Devi wife of late Ram Narain Rai, resident of village Chhapara Bahas, P.S. Chapwa, District East Champaran, Versus .... .... Petitioners 1. The State Of Bihar, 2. The Chief Secretary, Government of Bihar, Patna, 3. The Deputy Secretary, Home(Special) Department, Government of Bihar, Patna, 4. The Director General of Police, Bihar, Patna, 5. The Assistant Director General of Police(Welfare), Bihar, Patna, 6. The Commandant, Bihar Home Guard, Patna, 7. The Collector, Motihari, East Champaran, 8. The Collector-cum-Chairman, District Compensate Committee, Motihari, East Champaran, 9. The Superintendent of Police, Motihari, East Champaran, 10. The District Commandant, Bihar Home Guard, Motihari, East Champaran, 11. The Union of India through the Superintendent, Main Post Office (Pradhan Dak Ghar), Postal Department, Motihari, East Champaran, .... .... Respondents ======================================================
Legal Reasoning
Patna High Court CWJC No.13191 of 2008 (8) dt.18-01-2013 2
Legal Reasoning
Appearance : (In CWJC No.13191 of 2008) For the Petitioner : Mr. Vijay Shankar Srivastava, Advocate, For the State : Mr. Ray Shivaji Nath, AAG 3, For Union of India : Mr. Rajesh Kumar, AC to AAG 3 Ms. Divya Verma, AC to AAG Mr. N.A. Shamsi, Asstt. Solicitor General (In CWJC No.12857 of 2008) For the Petitioners : Mr. Vijay Shankar Shrivastava, Advocate For the State: For Union of India Mr. Santosh Kumar, AC to GP 9 Mr. N.A. Shamsi, Asstt. Solicitor General : ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 8 18-01-2013 In view of the identical issues involved in the writ applications both these writ applications are being considered
Decision
and disposed of by this common order. Heard learned counsel for the petitioners, the State and the Union of India. In both the writ applications suitable compensation has been sought by the petitioners. In C.W.J.C. No. 13191 of 2008 the petitioner claims to be working as Home Guard and deputed by the District Commandant, East Champaran, Motihari, in the office of the Post Master, Main Post Office, East Champaran, Motihari, and during such posting, he received injury as some armed persons opened fire upon the petitioner and other constables. The other constables, namely, Bhagwan Yadav and Ram Narain Rai died and the petitioner received grievous Patna High Court CWJC No.13191 of 2008 (8) dt.18-01-2013 3 injury. The miscreants also looted the cash for which first information report was lodged and Raxaul Police Station Case No. 19/05 dated 28.05.2005 was registered. In C.W.J.C. No. 12857 of 2008 the widows of the constables, who had died during the occurrence, namely, Bhagwan Yadav and Ram Narain Rai, have filed their cases for grant of compensation as well as appointment on compassionate ground. Counter affidavit and supplementary counter affidavits have been filed on behalf of the State as well as the Union of India. A document has been appended as Annexure A to the counter affidavit filed on behalf of the State issued by the Home Department, Government of Bihar referring letter no. VI/1-14021/15/97 DGCD(HG) dated 04.04.1981 of the Home Ministry of the Government of India according to which if a Home Guard suffers injury or death on duty in that case all the benefits, which are being given to the police personnel, should be given to him and the Department which has engaged the Home Guard would bear the cost. Another letter dated 3.5.2005 to that extent has also been appended with the counter affidavit filed on behalf of the State in C.W.J.C. No. 12857 of 2008 disclosing that in terms of the Patna High Court CWJC No.13191 of 2008 (8) dt.18-01-2013 4 aforesaid letter of the Central Government the dependents of the Home Guard in case of death will get employment on compassionate ground as well as certain amount of compensation would also be given to the injured. A counter affidavit has been filed on behalf of the Department of Post, Central Government, disclosing that all the expenses amounting to Rs. 22,386/- incurred during the course of treatment of the petitioner in C.W.J.C. No. 13191 of 2008 have been paid. However, it is submitted that so far compensation is concerned, no such letter is with the said Department and despite several reminders to the office of the Commandant, Home Guards, that could not be made available. However, this submission on behalf of the Union of India is noted only to be rejected in view of the fact that it cannot be presumed that the letters issued by the Home Department of the Central Government would not be available to it and should be made available to it by the Home Guard. In above view of the matter, these writ applications stand disposed of with a direction to the petitioners to approach the Chief Post Master General, Bihar Patna High Court CWJC No.13191 of 2008 (8) dt.18-01-2013 5 Circle, Patna, by filing a representation enclosing therewith copies of the documents and a certified copy of this order for compensation and/or appointment on compassionate ground. In such case, let the representation filed by the petitioners be disposed of on its own merit and in accordance with law also considering Annexures A, B and C appended with the counter affidavit filed on behalf of the State within six months from the date of filing of such representation. (Dr. Ravi Ranjan, J) SC/-