WP(C) 6002/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. P Mahanta, learned counsel appearing for the petitioner. Also heard Mr . BJ Talukdar, learned Addl. Senior Govt. Advocate appearing for the respondent Nos.1, 2, 4, 5, 6 and 7. The respondent No.3 is represented by Ms. R Bora, learn ed standing counsel for the Finance Department. 2. The petitioner’s father Late Gyan Bardhan (hereinafter referred to as ’t he deceased’), at the relevant time served as a driver of a vehicle (Truck) requ isitioned by the Diphu Police for counter insurgency operation. The deceased and 4 policemen died of bullet injury from an extremist attack and the son being th e only legal heir (mother having died in the year 1995), has filed the present p etition seeking the benefit of ex-gratia payment as per the Finance Department’s Office Memorandum dated 29th July, 2006 gazetted on 31st July, 2006 (Annexure-3 ). According to the O.M., the family of the deceased driver of a requisitioned v ehicle engaged in counter insurgency operation are entitled to ex-gratia payment of Rs.5,00,000/- under the declared Government Policy. 3. Mr. P Mahanta, learned counsel refers to the various communications betw een the Dy. Commissioner and the Superintendent of Police (SP) of Karbi Anglong District where the incident occurred, which shows that a proposal was forwarded for sanction of ex-gratia payment to the legal heir of the deceased. 4. The learned counsel also refers to the Govt. Letter dated 25.2.2010 (Ann exure-9) to show that power to sanction ex-gratia payment for a driver of a requ isitioned vehicle in the same manner as in the case of a regular driver, is dele gated to the Director General of Police, Assam. 5. Mr. BJ Talukdar, learned Addl. Senior Govt. Advocate on the basis of ins tructions received submits that the proposal for sanction of ex-gratia amount in respect of the deceased was forwarded by the Dy. Commissioner, Karbi Anglong on 25.5.2009 and the matter was thereafter processed at various levels. However it is conceded the payment is yet to be made to the surviving son. 6. Ms. R Bora, learned standing counsel for the Finance Department submits that ex-gratia is payable if a driver engaged in counter insurgency operation is killed due to extremists attack in view of the O. M. dated 29th July 2006. But the necessary sanction by the Administrative Department with concurrence of the Finance (EC-II) Department is necessary before ex-gratia is paid. 7. Considering the case materials and the submissions made by the learned c ounsels, it is apparent that the death of the deceased had occurred through mili tant firing while he was on counter insurgency duty and ex-gratia payment under the Office Memorandum dated 29th July 2006 of Rs.5,00,000/- is payable to the fa mily of the deceased. It further appears that although the death had occurred as far back as on 18.12.2006, due to delay in completion of the requisite formalit ies, the surviving family is yet to receive the benefit of payment. This shows l ack of compassion of the respondents. When a person has lost his life, while on police duty, it is expected that the State would ensure quick disbursal of ex-gr atia payment to the surviving family and in this case the response of the State is found to be painfully slow and I find that the proposal for sanction is not b eing processed with desired expediency. 8. In view of above, it is directed that all formalities for payment of ex- gratia to the surviving son of the deceased be completed within a period of 3 (t hree) months from today to ensure that the petitioner receive his ex-gratia dues without any further delay on or before 16.5.2011. It is ordered accordingly. A copy of this order be furnished to Mr. BJ Talukdar, learned Addl. Senior Govt. A dvocate and Ms. R Bora, learned standing counsel for the Finance Department for necessary communication and compliance. 9. The case is disposed of with the above said direction.