IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11110 of 1992 SHAMBHOO PRASAD CHAURASIA Versus STATE & ORS ----------- 06. 14.02.2011 Heard learned counsel for the petitioner and the counsel appearing for the State. Two cryptic Counter Affidavits have been filed on behalf of the State and another on behalf of Union of India without meeting the point raised by the petitioner. Petitioner was appointed as Lower Division Clerk-cum-Typist and was posted at Sursand Block. Thereafter, he was transferred to the office of District Education Officer, Sitamarhi and again transferred to the Office of Area Education Officer, Dumra, Sitamarhi. While he was posted at Bathnaha Block in the year 1989, as Assistant Clerk, the general election of Member of Parliament was held. Petitioner was appointed as Presiding Officer to conduct MP election, scheduled on 26.11.1989 at Booth No. 73, Rajkiya Adarsha Madhya Vidyalaya, Athari (South Zone) in Runni Saidpur Bidhan Sabha Chetra No. 64. During election some anti-social elements opened fire, which hit in the chest of the petitioner. Runnisaidpur P. S. Case No. 225 of 1989 was instituted with regard to 2 this occurrence under section 307, 324, 353 of the Indian Penal Code and section 27 of the Arms Act. The petitioner was treated at Sri Krishna Medical College and Hospital, Muzaffarpur, where he was brought in unconscious and injured condition. He was operated upon and was discharged from Hospital on 15.01.1990. The bullet, which hit the petitioner in his chest, still remained embedded, as such he was readmitted at Varanasi. The wife of the petitioner made several representations to the authorities concerned as well as to the Chief Minister for enhancing financial help to the petitioner for his proper treatment, but there was no response from any quarter. The District Election Officer-cum-District Magistrate, Sitamarhi also sent a letter to the Chief Election Commissioner, Bihar, Patna for considering the case of the petitioner and for extending financial help for petitioner’s treatment, but nothing was paid. Petitioner’s case is that the District Election Officer, Sitamarhi gave financial help of 5,000/- (five thousand) to the petitioner, besides that Rs. 10,000/- (ten thousand) was allowed as compensation to the petitioner by Union of India. Except that nothing was paid to the petitioner. 3 Initially, this application had been filed by the petitioner for a direction to the Respondents to make payment of his arrears of salary for seven months, i.e.,, for the period March, 1991 to July, 1991, as ell as January, 1992 to February, 1992 by treating his period of absence as extraordinary leave and also for granting appropriate compensation to the petitioner on account of his receiving serious bullet injury, while conducting general parliamentary election in the year 1989. During pendency of the Writ Application, the first relief prayed by the petitioner relating to arrear of salary was redressed as he has been paid his arrears of salary and the period of his absence has been treated as extraordinary leave. But so far compensation amount is concerned, still there is not action either on the part of the Union of India or the State Government, even though more than 22 years have passed. Petitioner has filed his Supplementary Affidavit, annexing the policy decision of the State Government, prevalent in the year 1986 as well as subsequent policy decision of the State Government, dated 5th of May, 1997. The 1997 resolution of the 4 Home (Special) Department indicates that the amount of compensation, which was earlier Rs. 30,000/- (thirty thousand) in case of Police Personnel receiving any injury or dying during discharge of his duty, has been enhanced to Rs. 1,00,000 (one lac). This resolution was to be made applicable w.e.f. 15.08.1986. Subsequently, the Finance Department of the State Government took a resolution on 5th of May, 1997 that the Government employees or the members of Police Force, in case of the death or receiving injury during the discharge of duty, will be entitled to receive compensation at the rate of Rs. 2,50,000/- (two lacs and fifty thousand). This resolution was made applicable w.e.f. 01.05.1997. Counsel for the petitioner submits that the petitioner received serious injury in the year 1989 on account of this injury he has lost his one lung and physically he has become seriously affected. He has to spent substantial amount for his treatment. Besides the fact that he received injury in course of the discharge of his election duty, no compensation amount has been paid to him by the State Government or by the Union of India, except Rs. 10,000/- (ten thousand), which has been paid by the 5 Union of India. Petitioner, if would have been paid the compensation amount immediately after his being injured in the year 1989, the compensation amount, as per the Government resolution, would have been Rs. 1,00,000/- (one lac). If that amount would have been deposited in any Bank, till now the petitioner would have earned a lot of interest on that amount and this amount would have been sufficient for his proper treatment. Despite all his efforts till date, there is complete silence on the part of the Respondents. This silence has also been maintained in the Counter Affidavit. A Government employee, who has risked his life for proper and peaceful conduct of election, has not been shown any consideration by employer, i.e., the State Government. This inhumane approach is condemnable. Though the subsequent resolution of the State Government had come into effect on 01.05.1997, in which the compensation amount has been made Rs. 2,50,000/- (two lacs and fifty thousand). Considering the special circumstance of the case of the petitioner and the delay at the instance of State and its authority, the Respondent State of Bihar and its concerned authorities are 6 directed to make payment of Rs. 5,00,000/- (five lacs) to the petitioner as he would have earned a lot of interest on the compensation amount, if paid to the petitioner at the appropriate time. This application is allowed, directing the Respondent State of Bihar and the Chief Election Officer, Bihar as well as Collector, Sitamarhi to make payment of Rs. 5,00,000/- (five lacs) to the petitioner as compensation amount within four weeks from the date of production / communication of this Order. SKM (Mridula Mishra, J.)