IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.116 of 2010 1. RAJ BALABH SINGH S/O HIT NARAYAN SINGH R/O VILL- SIKARIA, P.S- MASAURIH, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE CHIEF ELECTION COMMISSIONER, BIHAR, PATNA 3. THE SUPERINTENDING ENGINEER, BUILDING CIRCLE, BUILDING CONSTRUCTION DEPTT. GAYA 4. THE DY. CHIEF ELECTION OFFICER, CUM DY. SECRETARY OF GOVT. OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE CUM DISTRICT ELECTION OFFICER GAYA 6. THE DISTRICT MAGISTRATE CUM DISTRICT ELECTION OFFICER, PATNA 7. THE CHIEF MEDICAL OFFICER, GAYA ----------- 02. 01.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. It is submitted that the petitioner was posted as a Polling Officer during the Parliamentary Election held in the year 2004 and assigned duties at 40-Gaya (SC) Parliamentary Constituency. While proceeding to the place of poll with necessary materials on a Government provided transport, he fell off the truck and suffered hospitalization leading to expenses of approximately Rs. 36,551/-. It is submitted that from the various letters of the authorities the factum of his being on poll duty, proceeding to the place of poll with poll related materials and falling of the truck are facts not in dispute. Relying upon a Government instruction dated 19.4.2004, learned counsel submits that he is entitled to due compensation under Section 3 of the same apart from the medical expenses. Despite a letter 2 dated 16.3.2005 of the Executive Engineer Housing Division at Gaya where the petitioner was substantively posted addressed to the District Election Officer-Cum- District Magistrate, Gaya the amount was not being disbursed. No counter affidavit has been filed on behalf of the State. No copy of the writ petitions appears to have been served in the office of the Chief Election Commission though he has been impleaded respondent no.2. From the letter dated 30.10.2004 no. 683, appears that the District Election Officer-Cum-District Magistrate, Gaya had already forwarded the case of the petitioner to the State Election Officer seeking sanction for payment. From the materials on record, it is apparent that the case of the petitioner for payment of due compensation in accordance with law is pending consideration before the State Election Officer. Let the State Election Officer pass final appropriate order for payment of the legitimate due compensation to the petitioner within a maximum period of three months from the date of receipt/production of a copy of this order. The application stands disposed. P.K ( Navin Sinha, J.)