- (1.) The appellant being aggrieved by judgment dated 5th April, 2013 passed in W.P.(S) No. 626 of 2003 by learned single Judge is before this Court in the present appeal as while allowing the writ petition the respondent/appellant was directed to extend all benefits to the writ petitioner (hereinafter referred to as petitioner) under Resolution dated 21st March, 2001 and a cost of Rs. 50,000/- was also imposed to be paid to the petitioner.
(2.) A short question which was before the writ court and is also now the bone of contention is whether the petitioner is entitled to the enhanced benefit of compensation to the tune of Rs. 10 lakhs under the Resolution dated 21st March, 2001 or not? The contention of the appellant is that since the husband of the petitioner died as a Chaukidar in Bhandra Police Station on being killed by extremists in the night of 25th January, 2001, the petitioner would be entitled to compensation of Rs. 2.5 lakhs only (which has already been paid to her) under the scheme/circular of 5th May, 1997, Annexure-1 applicable and not on the basis of circular dated 21st Marhc, 2001, which came into force after the death of petitioner's husband.
(3.) The short facts, which are material for deciding this issue and admitted by the parties is that the husband of the petitioner died on 25th January, 2001 being killed in extermists violence while working as Choukidar under Bhandra P.S. Case No. 06 of 2001 under Sections 147, 148, 149, 364, 302/34 of the Indian Penal Code and Section 17/18 of C.L.A. Act on 26th January, 2001. The Scheme for enhanced compensation up to the extent of Rs. 10 lakhs came into force from 21st March, 2001, (hereinafter referred to as the "New Scheme"), Annexure-2 issued by Home Department, Government of Jhar-khand. The decision to pay compensation of Rs. 2.5 lakhs to the petitioner was taken on 13th September, 2001 on issuance of sanction letter to the office of Accountant General for payment of the same. The office of Accountant General issued the payment order on 13th February, 2002 and the payments were received by the petitioner of Rs. 2.5 lakhs on 9th April, 2002.;