S N Pathak, J. - (1.) The petitioner has approached this Court with a prayer for a direction upon the respondent-authorities to pay a sum of Rs. 10,00,000/- (Ten Lakhs) as compensation amount to the petitioner with statutory interest, as the husband of the petitioner died during the Election Duty. Factual Matrix:-
(2.) The husband of the petitioner was an employee of Govt. of Jharkhand, working as VANPAL in Forest Division Office, Gumla. The husband of the petitioner, namely Kaleshwer Hazam was appointed as 3rd Polling Officer in General Parliament Election, 2009 by the District Election Officer/ Returning Officer/Deputy Commissioner, Gumla for the polling in Parliament Constituency-12 Lohardaga on 16th April, 2009 and 4.9.2009 and as per direction the husband of the petitioner joined on 14.4.2009 in Party no.67-0014 in St. Ignatius High School, Gumla. It is stated that after joining of election duty on 14.4.2009 the husband of the petitioner Kaleshwar Hazam fall unconscious and became senseless during the Election duty in the said School. Then he was brought to Sadar Hospital, Gumla and further referred to RIMS, Ranchi on the same day for better treatment. He further submits that husband of the petitioner also died during the election duty and the petitioner filed several representations before the respondent no.2, but, after lapse of more than six years no action has been taken by the respondent no.2 regarding payment of compensatory amount of Rs. 10,00,000/- till date. Hence, the writ petition has been preferred.
(3.) Learned counsel for the petitioner, Mr. N.K. Sinha, submits that petitioner died on 18.4.2009 at RIMS and this incident took place during the Election duty. No averments have been made regarding the death in the writ petition. Though, the death certificate has been annexed, but, the learned counsel for the petitioner submits that in view of the circular dated 4.11.2006 of the Government of Jharkhand, the petitioner is entitled for Rs. 10,00,000/- as a compensation to the death victim in case of death during election duty.;