WP(C) 5523/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY The petitioners by the present petition have prayed for a direction to t he respondent authorities to pay the enhanced amount of compensation pursuant to the notification dated 22.06.2004 issued by the Commissioner and Secretary to t he Govt. of Assam, Personnel (B) Department to all the Deputy Commissioners inti mating that the ex-gratia payable to the next to kin of a person killed in extre mist violence has been enhanced to Rs.3,00,000/-. I have herd Mr. Biswas, learned counsel for the petitioners as well as M rs. V.L. Singh, learned State counsel for the respondents. It has been submitted by the learned counsel for the petitioners that si nce vide the aforesaid notification dated 22.06.2004 the Commissioner and Secret ary has enhanced the ex-gratia amount payable to the next to kin of a person kil led in extremist violence, the petitioners are entitled to the amount of Rs.2,00 ,000/-, the enhanced amount, as they have already received the amount of Rs.1,00 ,000/- as per the earlier scheme of Govt. of Assam circulated vide office memora ndum dated 29.07.1995. According to the learned counsel for the petitioners, a D ivision Bench of this Court vide order dated 09.06.2010 passed in WP(C) No.3355/ 2007 has opined that the persons like the petitioner, who have earlier availed t he benefit under the earlier scheme are also entitled to the benefit under the n ew scheme as formulated on 22.06.2004. The learned State counsel, on the other hand, has submitted that the pet itioners having accepted the amount pursuant to the earlier scheme dated 29.07.1 995, cannot based their claim on the judgment passed by the Division Bench of th is Court, as no judgment of the Court gives a fresh cause of action. It is not in dispute that the petitioners claimed the benefit under the 1995 scheme for the death of their father, husband and son due to extremist viol ence on different dates. The petitioners accordingly were paid the ex-gratia und er the 1995 scheme in the year 2000. The petitioners did not raise any objection thereafter. The petitioners even after formulation of the 2004 scheme vide comm unication dated 22.06.2004 did not raise any claim and in the year 2010 have com e up with this writ petition claiming benefit under the said scheme as circulate d vide notification dated 22.06.2004, based on the aforesaid Division Bench judg ment of the Court. The petitioners having accepted the earlier amount and as no judgment of the Court gives a fresh cause of action, I am of the view that the p etitioners are not entitled to any relief as claimed. Hence the writ petition is dismissed. No costs.