IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4550 of 2004 RAJ BANSH SINGH SON OF LATE SAHID LACHHUMAN SINGH RESIDENT OF VILLAGE LOHARADIH, P.S. SASARMA TILU, DISTRICT ROHTAS. Versus 1. THE STATE OF BIHAR THROGUH CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR GENERAL OF POLICE, OLD SECRETARIAT, PATNA. 3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, PATNA. 4. THE DISTRICT MAGISTRATE CUM COLLECTOR, ROHTAS AT SASARAM. 5. THE SUPERINTENDENT OF POLICE, ROHTAS AT SASARAM ----------- For the Petitioner :- M/S. Gopal Govind Mishra, Vijay Kumar Mishra. For the Respondents :- Mr. Vinod Kumar, A.C. to S. C.I. ----- 3 20/07/2010 Petitoner is son of late Lachhuman Singh who was killed by the extremists along with certain police personnel in Tilauthu police station in the district of Rohtas. A first information report was also lodged with regard to the said incident. Father of the petitioner along with other police personnel were given status of Martyr and with large fan fair their last rites were performed. In terms of the government policy, a claim for compensation to the tune of rupees ten lacs was prayed for. So was request for compassionate appointment to one of the - 2 - family members. From the notification contained in annexure-3, it is evident that vide memo no. 2598 dated 23.12.2002 the then Additional Director General of Police has already sanctioned a sum of rupees ten lacs as ex-gratia amount but this amount never came to be paid so far to the family of the present petitioner. Learned counsel for the State informs the Court that compassionate appointment has already been made. So far payment of exgratia is concerned, he wants certain time to respond. No counter affidavit has been filed in the matter despite indulgence given to the State way back in the year 2005 itself and the Court is of the opinion that no purpose would be served by adjourning the matter for counter affidavit since the respondents State have to take a decision on the claim made by the present petitioner. This writ application is disposed of with a direction that the Chief Secretary, Government of Bihar shall get the matter examined in light of annexure-3 and communicate to the petitioner decision of the government on the issue preferably within a period of four months from the date of - 3 - communication or production of a copy of this order. This writ application stands disposed of with the above direction. AMIN (Ajay Kumar Tripathi, J.)