1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION No. 1883/2007 (Smt. Chaya wd/o Gangadhar Thakre Vs. The State & ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. F.T. Mirza, Adv. for the petitioner. Mr. Deepak Thakare, A.G.P., for R- 1 to 4. CORAM :D.D. SINHA & SMT. VASANTI A. NAIK, JJ. DATED : JANUARY 8, 2008. Heard. The counsel for the petitioner submitted that the husband of the petitioner was in the State Reserve Police Force and was posted in the area infested with naxalites. It is contended that the husband of the petitioner died on 6/1/2006 while on duty and, therefore, the petitioner is entitled to get monetary benefit extended to the family members of such Police personnel those who died on duty and at the relevant time, were posted in the area infested with naxalites. It is, therefore, contended that the petitioner is entitled to get monetary benefit provided 2 in the Government Resolution dated 16th March, 2005. The counsel for the petitioner further contended that the petitioner is also entitled to get an appointment on compassionate ground as per the Scheme applicable to her. The learned Assistant Government Pleader submitted that though the husband of the petitioner was posted in the Naxalite area, however, the husband of the petitioner did not die either in fight with the Naxalites nor in the encounter. Husband of the petitioner was killed by his fellow Police personnel namely, Ishwar Masram and, therefore, the petitioner is not entitled to get the benefit provided to the legal representatives as per the said Government Resolution dated 16/3/2005. The learned Assistant Government Pleader further submitted that the name of the petitioner is already on the waiting list of the candidates to be appointed on compassionate ground and she is at Sr. No.5. In the backdrop of the above referred facts, though the husband of the petitioner was killed in the naxalite area 3 where he was posted as Constable, but not by a naxalite, nor in a fight with the naxalites or in the encounter with the naxalites. The husband of the petitioner was killed by his fellowman and, therefore, in our considered view, the petitioner who is the wife of the deceased Police personnel, is not entitled to get the monetary benefit provided in Government Resolution dated 16th March, 2005. So far as the claim of the petitioner for consideration for grant of appointment on compassionate ground is concerned, name of the petitioner appears in the waiting list of the candidates to be appointed on compassionate ground. In the circumstances, the petition is dismissed with no order as to costs. JUDGE JUDGE RMP