Yamuna Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19751 of 2016 ====================================================== Yamuna Sharma Son of Sahdeo Sharma, resident of Village- Joga Jhineoi, PO- Jeet Jhingoi, P.S.- Khaira, District- Jamui. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

Director, Integrated Child Development Service I.C.D.S Bihar, Patna. 3.

The Commissioner, Munger.

4.

The District Magistrate, District- Jamui.

5.

The District Programme Officer, District- Jamui. 6.

The Sub Divisional Officer, District Jamui.

7.

Block Development Officer, Block- Khaira, District- Jamui. 8.

The Child Development Project Office,r Block- Khaira, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Singh, Advocate For the Respondent/s :

Mr.Prashant Pratap-GP 2 :

Mr. Asit Kr. Jha, AC to GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-04-2023 The present writ petition has been filed seeking the following reliefs :- " (i) To direct the respondent authorities for enhancement of the compensation amount recommended/ awarded as per law to the family member as a husband or son of deceased by learned District Magistrate, Jamui and recommended memo no. 439 dated 10.06.2014 compensation amount 5,00,000/- immediately after the death of Anganwari Sevika namely Puspa Kumari (wife of petitioner) under the Anganwari

Patna High Court CWJC No.19751 of 2016(2) dt.11-04-2023 2/3 Centre no. 84 Bock Khaira, District Jamui as she died during the work of pulse polio Abhiyan as well as in the light of the judgment of Hon'ble Supreme Court regarding the payment of compensation amount must be adequate sufficient and satisfactory.

In view of the facts the District Magistrate sent a recommended memo no.

439 dated 10.06.2014 to the Director.

1.C.D.S. Bihar, Patna for giving compensation amount of Rs. 5 lacs to the family member as a husband or son of the deceased Anganwari Sevika Puspa Kumari.

(ii) To extend economic help as per the latest rate with compound interest from the date of sending of letter by the District Magistrate, Jamui to the Director I.C.D.S. Bihar, Patna till the date of realization."

At the outset, the learned counsel for the petitioner, taking into account the fact that the policy for grant of compensation has come into effect from 27.07.2015, whereas the death of the wife of the petitioner took place during the course of discharge of her duties on 07.03.2014, who was working as Anganwadi Sevika, seeks liberty on behalf of the petitioner to file appropriate representation before the Chief Secretary, Government of Bihar, Patna for grant of appropriate

Patna High Court CWJC No.19751 of 2016(2) dt.11-04-2023 3/3 ex-gratia amount/ compensation. Liberty so sought, is granted. It is needless to state that in case, appropriate representation is filed by the petitioner within a period of four weeks from today, the learned Chief Secretary, Government of Bihar, Patna, shall consider the case of the petitioner sympathetically, especially in view of the fact that recommendation was made by the District Magistrate, Jamui vide letter dated 10.06.2014 for grant of ex-gratia amount of Rs. 5 lacs in lieu of death of the wife of the petitioner during the course of discharge of her duties and pass a reasoned and a speaking order, within a period of four weeks, thereafter. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U