WP(C) 5205/2010 BEFORE THE HON’BLE MR JUSTICE I A ANSARI Heard Mr. S Chakraborty, learned counsel for the petitioners, and Mr. G Soren, learned Government Advocate for the respondents. Arbinda Kumar Singh alias Arbinda Kumar Pandey of Nokhola Gaon, which falls unde r Jagiroad Police Station, in the district of Morigaon, was abducted, on 11-11-1 998, by terrorists, the petitioner No. 1, namely, Smt. Indu Singh Devi, being hi s wife and petitioner Nos. 2 and 3, namely, Sri Amit Kr. Singh and Sri Sumit Kr. Singh respectively, being minor sons of the said Arbinda Kumar Singh. As nothin g was heard about Arbinda Kumar Singh, a suit, namely, Title Suit No. 81 of 2006 , was instituted by the petitioners seeking a decree that the said Arbinda Kumar Singh shall be presumed to be already dead. The suit accordingly stands decree d. In exercise of its powers under Article 309 of the Constitution of India, the Go vernment of Assam had framed rules named and styled as ’The Assam Public Service s (Appointment of Family Members of Persons Killed by Extremist/Terrorist) Rules , 1992’ (hereinafter referred as ’the 1992 rules’), for the purpose of giving ap pointments to the family members of the persons killed by extremists/terrorists. Thereafter, the Government issued an Office Memorandum, dated 29.07.1995, provi ding for ex-gratia payment of Rs. 1 lakh in favour of the next of kin of the per son, who are killed in extrimist/terrorist violence since 01.01.1985. The 1992 r ules came to be repealed by the State Government on 22-06-2004 and on the same d ate, i.e., on 22-06-2004, another notification was published granting ex gratia payment of Rs. 3,00,000/- as compensation, along with some other benefits to the members of the family of those persons, who may be killed in extremist/terroris t violence. The petitioner No. 1, being widow of the said Arbinda Kumar Singh and she being guardian of her said two minor sons, made a representation, on 18-01-2008, to th e State Government seeking payment of ex gratia amount of Rs. 3,00,000/-. As no action was taken on the said representation, the petitioners filed a writ petiti on under Article 226 of the Constitution of India, which gave rise to WP(C) No. 1419 of 2008. By order, dated 12-11-2009, the said writ petition was disposed of directing the respondents to pass appropriate order as regards entitlement of t he petitioners, whereupon the respondents paid a sum of Rs. 1,00,000/- to the pe titioners. By making the present writ petition, the petitioners, now, claim that under the modified notification, dated 22-06-2004, the petitioners are entitled to receive a sum of Rs. 3,00,000/- as ex gratia. As against this contention of the petitio ners, the respondents submit that since the said Arbinda Kumar Singh had died, w hile the earlier notification was in force, the petitioners are entitled to rece ive the ex gratia sum of Rs. 1,00,000/- only in terms of the notification, dated 29.07.1995, and not the sum of Rs. 3,00,000/-, for, the petitioners cannot invo ke the policy, notified by the Office Memorandum, dated 22.06.2004, aforemention ed. What, now, needs to be noted is that by its judgment and order, dated 09 .06.2010, passed in WP(C) No. 3355/2007 (Dhaneswar Basumatary vs. State of Assam and ors.), a Division Bench of this Court has held that the next kin of those, who had been killed in extremist/terrorist violence before the Notification, dat ed 22.06.2004, was issued, would also be covered by the scheme, as contained in the said Notification, dated 22.06.2004. In view of the above and in the interest of justice, this writ petition is disposed of with direction to the respondents to examine the petitioners’ cas e in the light of what have been mentioned above and make available to the petit ioners, within a period of three months from today, the requisite ex-gratia paym ent of Rs. 3 lakhs. With the above observations and directions, this writ petition shall sta nd disposed of.