- (1.) It is submitted that from the report of the Medical Board for handicaps issued by the Civil Surgeon-cum-Chief Medical Officer, Garhwa dated 1.8.2007 (Annexure 7 series), it will appear that both the petitioners became handicapped to the extent of 10%. Referring to paragraph 11 of the writ petition, it is submitted that the petitioners got them treated for several injuries as detailed in the said paragraph for several months and thereafter the said certificates were issued. It is further submitted that in similar circumstance, one Ram Dayal Singh who filed writ petition being W.P. (C) No. 74 of 2008 was held entitled to receive compensation of Rs. 5/- lacs, by judgment dated 3.12.2008, followed in other cases.
(2.) Mr. P.A.S. Patti, appearing for the State, submitted that in the absence of the counter affidavit, he is not in a position to accept or controvert the statements made in the writ petition. However, he submitted that the matter can be remitted to the District Election Officer-cum-Deputy Commissioner, Garhwa (respondent no. 4) who will look into the matter.
(3.) In the circumstances, the petitioners are given liberty to make fresh representation before respondent no. 4 who will look into the matter. If it is found that the petitioners' case is similar to the case of Ram Dayal Singh who filed W.P. (C) No. 74 of 2008, the compensation amount should be paid to them. However, if it is found that the petitioners ' case are different to the case of Ram Dayal Singh (Supra), he will communicate the reasons thereof. This exercise should be completed within six weeks from the date of receipt of such representation.;