Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the petitioner has sought for direction upon the respondent to pay ex-gratia compensation of amount of Rs.10,00,000/ in favour of the petitioner on account of death of her husband namely Jengra Munda who lost his life in election duty of Panchayat Election 2010 within the district of Giridih, Jharkhand.
(2.) The brief facts of the case of the petitioner as per the pleading is that the husband of the petitioner was employed in State Auxiliary Police (SAP) as police driver no.377 who has given duty of Panchayat Election scheduled to be held sometime in the year 2010. The statement has been made that the husband of the petitioner initially got frightened to go to Giridih as because of the reason that Giridih district is dangerously naxals affected but since he was given direction to discharge the election duty, having no option he moved to join on the election duty but he died, F.I.R was instituted and the post mortem has also been conducted wherein no reason of death has been shown. The petitioner being the wife has made an application before the competent authority of the State Government to make ex-gratia compensation of lump sum amount of Rs.10,00,000/ but no decision having been taken on such representation the present writ petition has been filed.
(3.) Mr. Ashok Kumar Pandey, learned counsel for the petitioner has advanced his argument by taking aid of the following grounds: (I) The petitioner is entitled to get ex-gratia compensation of amount of Rs.10,00,000/ in the light of the circular issued by the Urban Development Department as contained in Circular No.648 dated 20.03.2008. (II) The circular dated 27.05.2015 issued by the Finance Department of the State of Jharkhand has also considered that the decision to extend the benefit of ex-gratia compensation of lump sum amount in favour of the dependent of the deceased who died in course of discharge of election duty. (III) The Election Commission of India has also come out with a communication on 25.03.2014 whereby the claim is that decision has been taken by the Election Commission of India for making payment of Rs.10,00,000/ as the minimum amount to be paid to the next kin of the official in the unfortunate event of death of the official while on election duty and keeping the said decision of the Election Commission of India the State of Jharkhand through the Finance Department has come out with the circular dated 27.05.2015 incorporating the decision taken by the Election Commission of India as would appear from Claim No.4 of the said circular. (IV) Considering the similar situation of death, a Coordinate Bench of this Court in the case of Bachan Devi vs. Government of Jharkhand, 2018 1 JLJR 663 in W.P(S) No.2728 of 2015 decided on 03.07.2017 has passed order with a direction to make payment of compensation of amount of Rs.10,00,000/ to be paid in favour of the dependent of the deceased employee who has died in course of discharge of election duty but according to the petitioner the said benefit is not being extended. (V) The further contention has been made that even though the Panchayati Raj Department has come out with Circular No.33 dated 13.01.2011 but since there was a circular issued by the Urban Development Department on 20.03.2008 i.e. prior to death of the husband of the petitioner, the decision of Urban Development Department would be applicable for consideration of claim of the petitioner for payment of compensation irrespective of the fact that no circular has been issued by the Panchayti Raj Department on the date of death of the husband of the petitioner as because the circular has been issued by the Urban Development Department in the name of the Governor of State of Jharkhand and it binds all the department.;