IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4791 of 2007 Anjali Kumari, wife of late Ranjeet Kumar, resident of village and Post Ranisakarpura, Police Station Khagaria and District Khagaria at present vill- Sihma, P.S. Khodwandpur, Dist. Begusarai posted as lady constable no. 271 within the District Begusarai …. Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Old Secretariat Building, Bihar, Patna 2. The Chief Secretary, Old Secretariat Building, Bihar, Patna 3. The Director General of Police, State of Bihar, Patna 4. The Deputy Inspector General, Munger Division, Munger 5. The Superintendent of Police, Begusarai, District Begusarai … …. Respondents ---------------------------------- For the Petitioner :Mr. Shashank Shekhar Jha, Advocate For the State :A.C. to S.C.-2 02/ 15.10.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is the wife of Late Ranjeet Kumar, who was killed during the night between 4/5.10.2003 while discharging patrolling duty as the patrolling party of which he was a member was attacked by group of veteran criminals. Such fact would appear from the First Information Report of Cheria Bariyarpur (Manjhaul) P.S. Case No. 97 of 2003 dated 5.10.2003 lodged on the basis of self 2 statement of S.I. Santosh Kumar for the offence under Section 302 and other allied sections of the Penal Code and 27 of the Arms Act. Copy of the FIR of the said case is contained in Annexure-1 to the writ petition. 3. This writ petition has been filed praying, inter alia, to direct the State- respondents to grant the petitioner monetary compensation for having suffered the death of her husband in the light of the resolution of the State Government, bearing Memo No. 2411 dated 12.11.2005, Annexure-4. 4. State- respondents have not filed any counter affidavit, but learned A.C. to S.C.-2 on the basis of the instruction received from the Superintendent of Police, Begusarai, states that the prayer made in the writ petition is misconceived as in terms of paragraph 7 of the resolution dated 12.11.2005, said resolution has become effective from 15.6.2005 and husband of the petitioner having been killed on 5.10.2003 cannot be allowed monetary compensation in 3 terms of the resolution dated 12.11.2005. It is further pointed out that the petitioner was paid a sum of ` 2,50,000/- on 6.2.2007 as per the relevant circular/ instruction of the Government holding the field on the date of death of her husband, which fact is being disputed by the counsel for the petitioner, as according to him, petitioner has not received any amount except compassionate appointment as lady constable. 5. Having heard counsel for the parties, I am of the view that State- respondents should first confirm from their record whether ` 2,50,000/- was paid to the petitioner on 6.2.2007 and receipt to that effect is available with them. Even if the amount of ` 2,50,000/- was paid to the petitioner on 6.2.2007, further amount in the light of the resolution dated 12.11.2005 be paid to the petitioner as the amount of ` 2,50,000/- was paid not within the reasonable time of the death of the husband of the petitioner but after five years of the death, that too after coming into force of the resolution dated 12.11.2005 revising 4 the amount of compensation. 6. Necessary compliance of this order be made by the Home Commissioner, Bihar, Patna and Superintendent of Police, Begusarai within two months from the date of receipt/ production of a copy of this order before the Superintendent of Police, Begusarai. 7. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)