IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17184 of 2009 GYANTI CHOUDHARY W/O LATE DHIRENDRA KUMAR CHOUDHARY R/O VILL FARAHADA, P.O.NATHMALPUR, P.S.BARHARA, DISTT-BHOJPUR(ARRAH) Versus 1. THE UNION OF INDIA , THROUGH THE DIRECTOR GENERAL OF BORDER SECURITY FORCE(B.S.F.), UNDER HOME MINISTRY GOVT. OF INDIA, HAVING OFFICE AT 10, C.G.O.COMPLEX, LODHI ROAD,NEW DELHI-110003 2. THE COMMANDANT , HEADQUARTERS 107 BATTALION, BORDER SECURITY FORCE P.O.-DANTIWADA COLONY, DISTT-BANASKANTHA, GUJARAT-385505 3. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 4. THE CHIEF ELECTION OFFICER , ELECTION DEPARTMENT GOVT. OF BIHAR,7 MANGLES ROAD, BIHAR, PATNA-800015 5. THE ASSISTANT CHIEF ELECTION OFFICER, BIHAR CUM UNDER SECRETARY TO THE GOVT.,ELECTION DEPARTMENT GOVT. OF BIHAR, 7 MANGLES ROAD, PATNA-800015 6. THE DISTRICT ELECTION OFFICER CUM DISTRICT MAGISTRATE MADHEPURA 7. THE DISTRICT ELECTION OFFICER CUM DISTRICT MAGISTRATE ARARIA ----------- 03. 04.01.2010 Heard learned counsel for the petitioner and the counsel for the Union of India. 2. It appears petitioner is the widow of a constable who died on 12.5.2004 while serving the BSF-107 Battalion conducting the election duty has not been paid the group insurance amount as per the notification of the State Government on account of arbitrary attitude of the district administration, as is evident from the report of the District Election Officer-cum-District Magistrate, Madhepura contained in letter dated 12.8.2009, which is part of Annexure-11. Husband of the petitioner conducted election as member of the 107 Battalion in Madhepura district on 5.5.2004, thereafter he became ill on 6.5.2004 and while moving with the battalion to Araria district on 11.5.2004 for conducting election died on 12.5.2004. In the circumstances, there is hardly any difficulty in concluding that he suffered death while moving with the battalion from one district to another to conduct the election. The competent authority appreciating the death of the husband of the petitioner in the aforesaid - 2 - circumstances should have paid the group insurance amount to the petitioner. 3. Accordingly, I direct the District Magistrate-cum-Chief Election Officer, Madhepura to make payment of the group insurance amount to the petitioner as her husband died while moving with the battalion from one district to another for conducting the election. Necessary payment be made to the petitioner as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the District Magistrate, Madhepura. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)