IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5841 of 2007 Smt.Nisa Devi, WIFE OF LATE RAJENDRA RAM, RESIDENT OF VILLAGE- TILAIYA BANDH, P.S. MAJHA, DISTRICT- GOPALGANJ :---PETITIONER. Versus 1. The State Of Bihar, THROUGH SECRETARY, PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE ADDITIONAL SECRETARY, FINANCE DEPARTMENT, OLD SECRETARIAT, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, BHABUA :---RESPONDENTS. ---------------------------------- For the petitioner : M/S. Ambar Nath Banerjee, Binod Kumar, Advocates. For the State : Mr. Raj Kamal, A.C. to S.C.-9. ====== 3. 21.11.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is the wife of Late Rajendra Ram who was appointed to discharge the duties of Reserve Presiding Officer at Booth No. 21 in the Local Body Vidhan Parishad Election, 2003 conducted in Durgawati Circle of Kaimur district. She has filed this writ petition questioning the validity of the order bearing Memo No. 3244 dated 23.3.2007, Annexure-1, whereunder her request for grant of compensation in the light of the instructions of the State Government contained in circular letter dated 5.5.1997 has been rejected on the ground that after discharging the duties of the Reserve Presidng Officer on 9.7.2003 husband of the petitioner was returning on motorcycle, he met with an accident at 6 P.M. and died, which cannot be treated as a death 2 caused during the conduction of election process. In this connection counsel for the petitioner has relied on the judgment of another Single Judge of this Court in the case of Umesh Chandra Chaudhary Vs. State of Bihar & Ors., reported in 2008 (1) PLJR 693. Perusal of the judgment of another learned Single Judge in the case of Umesh Chandra Chaudhary (supra) indicates that the wife of Umesh Chandra Chaudhary was traveling to collect the ballot box and during journey she met with an accident and died. This Court relying on circular dated 5.5.1997, Annexure-A directed for payment of compensation of Rs. 2,50,000/- to the widower Umesh Chandra Chaudhary. In the present case the Collector, Kaimur, Bhabua having considered the request of the petitioner recommended for payment of compensation to the petitioner as her husband met with an accident and died while returning home after discharging the duties of the Reserve Presiding Officer under Letter No. 1706 dated 17.8.2003, Annexure-2. 3. Counsel for the State has confirmed that State-respondents have not filed any appeal against the order passed in the case of Umesh Chandra Chaudhary (supra). Relying on the said judgment I 3 also direct that compensation in the light of the circular of the State Government dated 5.5.1997, Annexure-A be paid to the petitioner as on the date of death of her husband resolution of the Government dated 5.5.1997 was holding the field. Payment in the light of this order be made by the competent authority, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the competent authority. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)