K HRANGNAWNA & 3 OTHERS Vs. STATE OF MIZORAM & 3 ORS
LAWS(GAU)-2018-3-16
HIGH COURT OF GAUHATI
Decided on March 08,2018

K Hrangnawna And 3 Others Appellant
VERSUS
State Of Mizoram And 3 Ors Respondents

JUDGEMENT

S. Serto, J. - (1.) Heard Mr. L.H. Lianhrima, learned senior counsel representing the petitioners, assisted by Ms. H. Lalmalsawmi, learned counsel. Also heard Mr. Samuel Vanlalhriata Chhangte, learned Govt. Advocate for the State respondents.
(2.) This is an application under Article 226 of the Constitution of India praying for issuance of appropriate writ or direction or order directing the respondents to pay Ex- Gratia Lump Sum compensation as per Para 11 Clause C (b) of the Scheme notified under Office Memorandum No. G.17011/4/2010-F.APL/54, dated 27.10.2010 for the death of their respective sons, who died in the course of their duties.
(3.) On 28.03.2015, a group of Mizoram Police Personnel consisting of 4 persons namely, Constable No. 585 V. Vanlalnghaka of 1st Bn MAP, S.I Zoramthara Khawlhring of Aizawl DEF, D/G-III C. Lalchuailova of Aizawl DEF and C/673 Hmangaihmawia of 1st Bn MAP were detailed to escort a Committee on Assurance of Mizoram Legislative Assembly consisting of 6 MLAs, who were on their way to visit Clinic Centers at Darlawn, Damdiai, N. Khawdungsei, Sakawrdai, Zokhawthiang, N. Tinghmun and Upper Sakawdai. When the team reached a place near Zokhawthiang Village, a group of armed militants, suspected to be HPC (D) suddenly attacked them with firearms. In order to protect the Members of the Assurance Committee, the Security personnel mentioned above retaliated and in the course of fighting, 3 of them, namely, S.I Zoramthara Khawlhring of Aizawl DEF, D/G-III C. Lalchuailova of Aizawl DEF and C/673 Hmangaihmawia of 1st Bn MAP died at the spot. C/585 V. Lalhmangaiha of 1st Bn MAP who was seriously injured succumbed to his injuries on 04.06.2015 at Civil Hospital, Aizawl. After the incident, the Government of Mizoram, Home Department paid Rs. 10 lakhs each to the next of kin of the 4 police personnel. However, the petitioners who have lost their sons were no satisfied with the Ex-Gratia Lump Sum compensation given to them because according to them, they should have been given 15 lakhs each as provided under Clause C (b) of para 11 of the said Scheme provided in the Office Memorandum No. G.17011/4/2010-F.APF/54, dated 27.10.2010. The demand was supported by the Mizoram Police Subordinate Officers' Association (MPSO). Accordingly, the Association submitted a representation to the Head Assistant, Account Branch, Aizawl DEF/1st Bn MAP on 01.06.2015. Further, the claim of the petitioners was also supported by the Director General of Police in his letter addressed to the Under Secretary to the Govt. of Mizoram, Home Department being No. CB/PHQ/REHAD/7/275 dated 20.07.2015.;


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