WP(C) 1419/2008 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. S. Chokraborty, learned counsel for the petitioners as well as Ms. J. Borah, learned State counsel. This writ petition has been filed by three writ petitioners who are wife and sons of Late Arbinda Singh Pandey. The prayer of the petitioners is to issu e appropriate direction towards payment of ex-gratia amount of Rs. 3,00,000/- as envisaged in the office memorandum dated 22.06.04 issued by the Govt. of Assam in the Personnel Department. The Office Memorandum was issued in suppression of the earlier Assam Public Service (Appointment of Family Members of Persons Kille d by Extremists/ Terrorists) Rules, 1992. The said Rules were primarily framed t o provide some benefits to the family whose breadwinner is killed at the hands o f extremists/ terrorists. As per the statements made in the writ petition, the husband/father of t he petitioners was kidnapped by the members of outlaw ULFA on 11.11.98 and on be ing informed, Jagiroad P.S. Case No. 51/99 was registered. When there was no rec overy of the husband/father of the petitioners and in the meantime the period of 7 years has elapsed, the petitioner had approached the Civil Court for appropri ate declaration to that effect. The learned Munsiff No. 2, Morigaon issued such declaration vide order dated 12.06.07 passed in TS Case No. 81/06. The order rea ds as follow: For the discussions made hereinabove and the reason assigned, I hold and declar e that Arabinda Kr. Singh @ Pandey is presumed to be dead on completion of seven years from the date of his abduction by suspected ULFA militants from Jagiroad on 11.11.98. The suit is accordingly decreed on contest with costs. In terms of the aforesaid Judgement, the Decree sas also drawn on the same date. Pursuant to such judgement and decree, the petitioners made time to time approa ch to the authorities for payment of ex-gratia amount of Rs. 3 lakhs in terms of the aforesaid Office Memorandum dated 22.06.04 which had substituted the earlie r Rules of 1992 in which a prescription was made for compassionate appointment. Subsequently provision was made for payment of Rs. 1 lakh. When all out efforts of the petitioners did not yield any result, they filed the instant writ petitio n for appropriate direction. The Deputy Commissioner, Morigaon, i.e. the respondent No. 3, has filed an affid avit in opposition in which the aforesaid facts have been admitted. As per the a ffidavit, the husband/father of the petitioners was abducted by ULFA extremists. Although the said extremists were arrested, but they were acquitted from the c riminal case on benefit of doubt. The Deputy Commissioner in his affidavit has a nnexed the relevant documents in this regard. As per the requirement of the aforesaid Office Memorandum, the Deputy Commission er of the District is to make the assessment of the situation and has to furnish the proposal to the State Govt. in the appropriate department for payment of ex -gratia amount. In the counter affidavit, it has been stated that the Superinten dent of Police, Morigaon was asked by the Govt. vide letter dated 20.02.08 to fu rnish necessary report. In the report submitted by the Superintendent Police, th e aforesaid facts had been stated. The aforesaid Rules of 1992 and the Office Memorandum dated 22.06.04 were formul ated for the benefit of the kith and kin of the persons who was killed in the ac tivities perpetrated by the extremists/terrorists. In the instant case, the husb and/father of the petitioners was abducted way back in 1998 (11.11.98) and conse quential Jagiroad P.S. Case No. 51/99 was registered under Section 120(B)/121(A) /364 IPC. Some suspected persons were also arrested, but in absence of any evide nce, they had to be acquitted on benefit of doubt. Be that as it may, the fact r emains that for the last 11 years the husband/father of the petitioners is not t raceable and on expiry of the stipulated period of 7 years, the petitioners have also obtained the aforesaid declaration deeming their husband/father to be dead . If he died at the hands of the extremists and/or due to the act envisaged in t he aforesaid Rules and the Office Memorandum, the respondents are bound to act i n the matter in accordance with the guidelines and cannot sit idle over the matt er. In view of the above, this writ petition is disposed of directing the respondent s to pass appropriate order regarding entitlement or otherwise of the aforesaid ex-gratia amount either in terms of the earlier policy or in terms of the Office Memorandum of 2004. Necessary order in this regard shall be passed without any delay and if its is found that the petitioners are entitled to the ex-gratia amo unt, such payment shall be made within 31.01.2010. With the above directions the writ petition is disposed of.