S.N.PATHAK, J. - (1.) Heard Mr. Manoj Kumar Choubey, learned counsel appearing for the petitioner and Mr. Chanchal Jain, learned counsel appearing for the respondents.
(2.) In this writ application the petitioner has prayed for direction to the respondents particularly, respondent No. 4, the Executive Engineer, Department of Irrigation, to grant monetary benefits with statutory interest on account of death on duty of her husband, Kundall Dubey, Homeguard No. 10735 and also to give compassionate appointment to the petitioner in place of her husband, who died on duty.
(3.) The factual exposition as has been delineated in the writ petition is that the husband of the petitioner, on deputation, was working as Homeguard being Homeguard No. 10735, at North Koyal Bhim Barrage under the Department of Irrigation at Mohammadganj, District Palamau. While on duty, his dead body was recovered on 18.03.2011 from the dam and a case being Kandi P.S. Case No. 12 of 2011 has been registered under Section 302 of the Indian Penal Code. After the death of husband of the petitioner, the District Commandant, Homeguard, Garhwa (Respondent No. 5) has written a letter on 19.03.2011 to the Commandant, Jharkhand Homeguard Heaquarters, Ranchi (Respondent No. 4), wherein he has informed the matter about unnatural death of the husband of the petitioner. The Executive Engineer has also written a letter to the District Commandant Homeguard, Garhwa requesting therein for taking necessary steps for protection of the barrage since after the death of the husband of the petitioner other Homeguards were not performing their duties. The District Commandant, Homeguards Garhwa, referring to the established law, written a letter dated 20.05.2011 to the Executive Engineer requesting therein to make payment to the wife of late Kundal Dubey, since he died unnaturally during his duty hours. It has been requested by the respondent No. 5 to the respondent No. 8 that since Kundal Dubey died on duty, her wife (the petitioner) is entitled for entire monetary benefits as well as compassionate appointment, as per the rules prevailing for the Police Personnel at Jharkhand. The respondent No. 5 has also written a letter dated 20.09.2012 to the Deputy Inspector General of Police, Homeguard, Headquarters, Ranchi, whereby it has been informed that the petitioner has died while on duty on 08.03.2011 and his dead body was recovered from the barrage and requested for payment of ex-gratia compensation since the Department of Irrigation, Jharkhand, where the late Kundal Dubey was posted, on deputation, has not taken any step for payment of the same. Thereafter, the Director General, Homeguard, Jharkhand (respondent No. 2) has written a letter dated 18.10.2012 to the Executive Engineer (respondent No. 8) requesting therein for payment of Rs.2,00,000/- as ex-gratia compensation to the petitioner, as per the resolution of Department of Home Affairs, Jharkhand dated 23.10.2009. Despite the fact that the Department of Homeguard has written several letters to the different Agencies of the State Government, they have not taken any measures for payment of ex-gratia compensation or the compassionate appointment to the petitioner. Thereafter, on being request made by the petitioner, the respondent No. 5 wrote a letter dated 16.11.2012 to the Deputy Commissioner, Palamau (respondent No. 6) thereby informing the fact that Home Guard No. 10735, late Kundal Dubey, was deputed for protection of the barrage under the Irrigation Department and he was found dead on 18.03.2011 and vide letter dated 20.09.2011, the Executive Engineer was requested to pay the ex-gratia compensation to the wife of late Kundal Dubey, but till date no step whatsoever has been taken by him. ;