- (1.) PETITIONERS in these writ applications being teachers in the various Government High Schools, were deployed as Polling Officers for election duty by the order of the District Election Officer -cum -Deputy Commissioner of the district for the bye elections of the House of People of 2007. On 27.3.2007 while they were proceeding towards their respective polling booths on the bus transport arranged by the Government, the bus carrying the petitioners and other Polling Officers fell into the river. As many as 15 persons died in the accident while many of the survivors including the petitioners sustained severe injuries. Quite a few of the injured persons suffered permanent disabilities. The injured persons including the petitioners were air dashed to RIMS, Ranchi for their medical treatment. Expressing concern and feelings for the injured persons and the family members of those who have died, the Hon'ble Chief Minister, Jharkhand announced a compensation package of Rs. 10 lakhs for each family of the dead persons and a sum of Rs. 5 lakhs for those who had suffered permanent disablement as a result of injuries sustained by them.
(2.) THE injured persons including the present petitioners were referred to the especially constituted Medical Board to assess the extent of disability suffered by them. The Medical Board on examining each of the injured persons, had submitted its report stating the extent of disablement which each of the injured persons had suffered. As per the report of the Medical Board, the petitioner Pradeep Kumar [W.P.(C) No. 79 of 2008] had suffered 20% permanent disablement, the petitioner Ram Dayal Singh [W.P.(C) No. 74 of 2008] had suffered 10% permanent disablement whereas petitioner Rajesh Singh [W.P.(C) No. 66 of 2008] did not suffer any permanent disablement. The petitioners submitted their respective representations before the district administration for payment of compensation as per the declaration of the Hon'ble Chief Minister, Jharkhand, annexing thereto the disability certificate/report issued by the Medical Board and had also claimed reimbursement of the expenses incurred for the medical treatment undergone by each of them. The Area Education Officer of the concerned district had also directed the Principal of the Government Schools where the petitioners were employed as teachers, to forward all the medical certificates of the petitioners. The grievance of the petitioners is that in spite of their repeated representations, none of the respondents have taken any action or initiative to pay the compensation amount to the petitioners. Furthermore, the petitioners have not even been paid their salary for the period for which they were undergoing medical treatment as indoor patients for several months.
(3.) CLAIMING that they are entitled to receive the compensation amount of Rs. 5 lakhs each, as per the compensation package announced by the Hon'ble Chief Minister, and claiming that the inaction of the respondents and their failure to pay appropriate compensation to the petitioners is not only against the principles of natural justice but it is also violative of the provisions of Articles 14 and 21 of the Constitution of India, the petitioners in their individual writ applications have prayed for issuance of a direction to the respondents to pay compensation to the petitioners in terms of the compensation package announced by the Hon'ble Chief Minister, Government of Jharkhand and the corresponding notification of the State Government through its concerned department and also to pay the amounts in respect of the medical and other expenses incurred by them for the treatment of their injuries sustained during the election duty.;