IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1475 of 2011 In Civil Writ Jurisdiction Case No. 15155 of 2010 ====================================================== Smt. Manju Singh W/o Late Mathura Prasad Singh Resident of Mohalla- Gayatri Nagar, Amethi behind Vimal Picture Hall, P.S.-Amethi, District- Sultanpur, Uttar Pradesh. .... .... Petitioner/Appellant Versus 1. The State of Bihar through the Secretary Department of Home (Police), Government of Bihar, Patna. 2. The Director General of Police, Government of Bihar, Patna. 3. The Additional Director General of Police (Law and Order), Government of Bihar, Patna. 4. The Inspector General of Police, Muzaffarpur Range, Muzaffarpur. 5. The Superintendent of Police, Muzaffarpur. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Bibhakar Tiwari Mr. Ranvijay Narain Singh, Advocates. For the Respondent/s : Mr. S.A. Alam, SC 3 with ` Mr. Prafulla Kumar Jha, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 15-11-2011 Feeling aggrieved by the judgment and order dated 5th September 2011 passed by the learned single Judge in above CWJC No. 15155 of 2010, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant is the widow of one Late Mathura Prasad Singh, a member of the Special Auxiliary Police constituted by the Government of Bihar on 11th April 2006 by engaging retired military personnels for improvement in the law and order situation in the State. The said Mathura Prasad Singh Patna High Court LPA No.1475 of 2011 (5) dt.15-11-2011 2 / 2 2 died in a road accident while coming back from the duty. The appellant claimed that the said Late Mathura Prasad Singh having died on duty, she was entitled to compensation of Rs. 10,00,000/- (rupees ten lakhs) as envisaged by Paragraph E (2) of the constitution of the Special Auxiliary Police. The said Paragraph E deals with ‘payment’. It provides for a monthly lump sum payment to the members of the Special Auxiliary Police. Clause 2 thereof provides for “compensation in the event of casualty during active duty will be payable as per the entitlement currently applicable in the State Police i.e. Rs. 10,00,000/- (Ten lacs). However, there will be no provision of employment to the kin of the deceased.” The claim has been rejected by the State Government on the premise that the aforesaid compensation is payable only in case of death on active duty i.e. while combating or anti- terrorism operation etc. Undoubtedly, the appellant died in a road accident. It cannot be said to be a death on active duty. In our opinion, the claim has rightly been rejected by the learned single Judge. No case for interference is made out. Appeal is dismissed in limine. We clarify that nothing in this order or the order of the learned single Judge shall adversely affect the right of the appellant/writ petitioner to claim compensation under any other law or under any other rule or policy of the State Government. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)