WP(C) 6122/2005 BEFORE THE HON’BLE MR. JUSTICE I A ANSARI Heard Mr. JI Borbhuiya, learned counsel for the petitioners, and Mr. J H andique, learned Government Advocate, appearing on behalf of the respondents. The facts of this case are akin to the two writ petitions, namely, WP(C) Nos. 6403/2006 and 6405/2006. Both the said writ petitions were disposed of by order, dated 12-03-2007. The order, so passed, gives clear indication of the fac ts involved, the issues raised, points of law decided and the reliefs granted. I , therefore, reproduce hereinbelow, the relevant portion of the order, dated 12- 02-2007. Both the writ petitions having raised common questions of law on more o r less similar facts were taken up for consideration together and are being disp osed of by this common order. The petitioners in both the cases claim to be the legal heirs entitled to seek t he benefits contemplated by the provisions of the Assam Public Services (Appoint ment of Family Member of Persons killed by Extremists/Terrorists) Rules, 1992. T he aforesaid Rules visualized appointment in public service of one member of eac h family affected by extremist violence and also payment of ex gratia of Rs.1,00 ,000/- per family. The said Rules were repealed by a Govt. notification dated 22 .6.2004 which instead prescribed that, henceforth, it is not appointment but pre ference in matter of appointment will be given to the member of the affected fam ily. Instead the ex gratia amount was enhanced from Rs.1,00,000/- to Rs.3,00,000 / by the Govt. notification dated 22.6.2004-. In both the present cases, death h as occurred prior to the repeal of the 1992 Rules. In a situation where the clai ms had remained pending the Govt. had thought it fit to reject the same on the g round that the 1992 Rules have been repealed in the meantime. Aggrieved, these w rit petitions have been filed wherein the question raised is whether it is the r epealed Rules which will govern the cases/claims arising out of a death that has occurred prior to the repeal of the 1992 Rules as made by the Govt. Notificatio n dated 22.6.2004. The point at issue has been answered by an order dated 28.9.2005 passed by this Court in W.P.(C) No.2947/2005. By the aforesaid order this Court had already hel d that pending claims arising out of death which had occurred prior to the repea l of the 1992 Rules are to be governed by the said Rules and to such cases the n ew criteria prescribed by the Govt. Notification dated 22.6.2004 will not apply. Following the aforesaid decision rendered by this Court both the writ petitions are now disposed of with the direction that as in the two cases under considera tion death had occurred prior to the repeal of the 1992 Rules and the claims had not been finalized till the date of the notification in question i.e. notificat ion dated 22.6.2004, such claims shall now be re-opened and re-considered in the light of the provisions contained in the 1992 Rules. This will be done within a period of four months from the date of receipt of a certified copy of this orde r. In both the cases under consideration as the persons entitled to ex gratia are s tated to have received the same under the provisions of the 1992 Rules the autho rities need not re-open that aspect of the matter. With the above direction both the writ petitions shall stand disposed of. In the light of the observations made and the directions given in the or der, dated 12-02-2007, when I turn to the facts of the present case, what I noti ce is that according to the petitioner No.1, his father, namely, Kameswar Kalita , was killed by extremists, on 11-04-2001, in the District of Nalbari. Similarly , according to the petitioner No. 2, his younger brother, Dhruba Talukdar, too w as killed by extremists, in the district of Nalbari, on 13-06-2001. Both the pre sent petitioners, as next of kin of the deceased aforementioned, had applied to the appropriate authority for reliefs as were made available by the Assam Public Service (Appointment of Family Members of Persons Killed by Extremist/Terrorist ) Rule, 1992 (in short, ’the 1992 Rules’), but the same were declined on the gro und that the 1992 Rules stand repealed. It is, thus, clear that according to both the present writ petitioners, they lost their kin before the 1992 Rules were repealed by notification, dated 2 2-06-2004, aforementioned. Hence, the cases of the writ petitioners are also req uired to be considered by the appropriate authority in accordance with the schem e of the 1992 Rules. Considering, therefore, the matter in its entirety and in the interest o f justice, it is hereby directed that the respondent authorities concerned, part icularly, the respondent Nos. 1 and 2, namely, Secretary to the Government of As sam, Personnel (B) Department, Dispur, Guwahati, and Deputy Commissioner, Nalbar i, respectively shall re-open and re-consider, in the light of the provisions of the 1992 Rules, the claims for reliefs, which the present petitioners have rais ed, and if, upon such re-consideration, the petitioners or any of them are found entitled to any relief or reliefs, the same shall be made available to them acc ordingly. The whole exercise, so directed, shall be completed within a period of four months from the date of receipt of certified copy of this order by the res pondent No. 2, namely, Deputy Commissioner, Nalbari. The petitioners may furnish a certified copy of this order to the respondent No. 2 alongwith copies of the writ petition and annexure thereto. With the above observations and directions, this writ petition shall sta nd disposed of.