WP(C) 98/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. O.P. Sunar, learned counsel for the petitioner and Mr. J. Hand ique, learned State counsel appearing for the respondents. The petitioner, whose son has been killed by the extremists on 08.06.200 0 by the present petition, is praying for directing the respondent authorities t o pay the balance amount of Rs.2,00,000/- pursuant to the notification dated 22. 06.2004 issued by the Commissioner & Secretary to the Govt. of Assam, Personnel (B) Department contending inter alia that though ex-gratia amount payable to the next of kin of the person killed by extremists from Rs.1,00,000/- has been enha nced to Rs.3,00,000/- vide notification dated 22.06.2004, the petitioner has bee n paid Rs.1,00,000/- only on 05.05.2005 and though he made several approaches to the respondent authorities, the balance amount of Rs.2,00,000/- has not been pa id pursuant to the revised notification dated 22.06.2004. The learned counsel for the petitioner submits that though the petitione r’s son was killed by the extremists on 08.06.2000, when the notification dated 31.08.1991 was in force, the payment of ex-gratia having been made on 05.05.2005 i.e. after coming into force the subsequent notification dated 22.06.2004 enhan cing the amount of compensation payable, the respondent authorities cannot deny the petitioner to pay the enhanced amount as has been done in the instant case. In support of his contention, the learned counsel has placed reliance on a Singl e Bench judgment of this Court dated 01.04.2010 passed in WP(C) No.243/2006. Mr. Handique, learned State counsel appearing for the respondents placin g reliance on the averments made in the affidavits-in-opposition filed by the re spondent Nos.2 and 3, has submitted that since the petitioner’s son was killed b y the extremists on 08.06.2000 i.e. while the notification dated 31.08.1991 was in force, the petitioner is not entitled to the enhanced amount of compensation fixed vide subsequent notification dated 22.06.2004 even though the payment of R s.1,00,000/- was made on 05.05.2005. The petitioner’s son was killed by the extremists on 08.06.2000 during t he continuance of the notification dated 31.08.1991 issued by the Commissioner & Secretary to the Govt. of Assam, Relief and Rehabilitation Department for payme nt of ex-gratia grant for Rs.1,00,000/- to the next of kin to the persons killed in extremists violence in the State. The said notification, however, has been s uperseded by the subsequent notification dated 22.06.2004 issued by the Commissi oner & Secretary to the Govt. of Assam, Personnel (B) Department, whereby and wh ereunder the ex-gratia grant of Rs.3,00,000/- was decided to be paid to the next of kin of a person killed in extremists violence, which was earlier Rs.1,00,000 /-. Though the petitioner was found to be entitled to such ex-gratia of Rs.1,00, 000/- under the earlier notification dated 31.08.1991, the said amount was paid to the petitioner only on 05.05.2005 i.e. after the subsequent notification date d 22.06.2004 came into force. A Single Bench of this Court vide order dated 01.04.2010 passed in WP(C) No.243/2006 has held that if the amount of ex-gratia payable under the earlier notification dated 31.08.1991 is not paid or paid after coming into for the subs equent notification dated 22.06.2004, such person would be entitled to receive s uch enhanced amount of ex-gratia. It is an admitted position of fact that the sa id judgment has been accepted by the respondents as no appeal has been preferred against the aforesaid judgment and order passed in the aforesaid writ proceedin g. The petitioner being similarly placed person is, therefore, entitled to the s ame benefit. In view of the above, the respondent authorities are directed to pay the balance amount of Rs.2,00,000/- to the petitioner within 3(three) months from t he date of receipt of the certified copy of the order to be produced by the peti tioner before the Commissioner & Secretary to the Govt. of Assam, Relief and Reh abilitation Department and the Deputy Commissioner, Sonitpur at Tezpur. The writ petition is accordingly allowed as indicated above. No costs.