IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16389 of 2009 1. PREM SHEELA DEVI W/O LATE RAM BABU RAI R/O VILL.- JAWAHARPUR, P.O. KONAILA, P.S. DALSINGHSARAI, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. THE CHIEF ELECTION COMMISSIONER, NEW DELHI 3. THE CHIEF ELECTROAL OFFICER, BIHAR, PATNA 4. THE CHIEF ELECTION COMMISSIONER, BIHAR, PATNA 5. THE DISTRICT MAGISTRATE CUM-THE DISTRICT ELECTION OFFICER, SAMASTIPUR 6. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, DALSINGHSARAI CIRCLE, DALSINGHSARAI ----------- 2. 8.1.2010 Heard learned counsel for the petitioner and learned counsel for the Election Commission. No one appears on behalf of the State. The husband of the petitioner was a Peon. He is alleged to have died while on duty in the Bihar Assembly Election, 2005. The widow claims compensation. She is stated to have represented before respondent no. 5. Keeping in mind the status of the deceased as a Peon, and the predicament of the petitioner as a widow, the respondent no. 5 is directed to examine the representation of the petitioner in light of the judgment of this Court in 2002(2) BLJR 1522 along with any other necessary circulars of the State Government in respect of accidental death while on duty and then pass a reasoned and speaking order within a maximum period of four months from the date of receipt/ production of a copy of this order. In the event that an order adverse to the petitioner 2 is proposed to be passed, the respondent is required to pass a reasoned and speaking order displaying full application of mind and the enquiries made by the respondent in the matter before arriving at his findings. This the Court considers necessary to direct in view of the status of the petitioner as the widow of a Peon. In the event that the respondent find justification in the claim, or any part of the claim, it is expected that necessary consequential benefits shall be made available to the petitioner and she may not be compelled to approach this Court again. The writ application stands disposed. P. Kumar (Navin Sinha, J.)