IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2423 of 2006 MOST.ADULIA DEVI, wife of late Ramashanker Mahto, resident of village- patailia, P.S.- Vibhutipur, District-Samastipur. Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary, Water Resources Department, Patna. 3. The Chief Engineer, Water Resources Department, Samastipur. 4. The Superintending Engineer, Flood Control Circle, Samastipur. 5. the Executive Engineer, Flood Control Division, Rosara, Samastipur. 6. The District Provident Fund Officer, Samastiur. 7. The Accountant General, Bihar, Patna. 8. The Election Commissioner, Bihar, Patna. ----------- 3 09.03.2010 Mr. Shailendra Kumar learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar Jha, learned A.C. to G.A. 1 for the State and Mr. J.P. Karn, learned counsel for the Accountant General are present. Learned counsel for the petitioner admits to redressal of the grievances as set out in the writ petition except his claim for payment ex gratia of Rs. 10,00,000/- under scheme formulated by the Election Commission for such of the employees who have either been grievously hurt or expired while on election duty. Although the petitioner has set out the aforesaid claim but the relevant scheme under which the claim has been advanced, has not been 2 enclosed in the writ petition. In that view of the matter and coupled with the circumstances that the admissible dues of the petitioner has been paid to her during the pendency of the proceedings, the writ petition is disposed of with the liberty to the petitioner to raise her claim regarding ex gratia payment under the scheme before the Election Commission itself together with a copy of the Scheme and other supportive documents and which shall be considered by the Election Commission and disposed of by a speaking order taking into consideration the order of appointment of the husband of the petitioner on election duty placed at Annexure-1 of the writ petition, within a period of three months from the date of receipt/production of a copy of this order. The writ petition is disposed of . Bibhash (Jyoti Saran, J. )