IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.726 of 2011 Tabassum W/O Late Md. Kasim Khan R/O Jai Prakash Nagar, Nala Road, P.S.- Khagaria, Distt.- Khagaria. Versus 1. The State of Bihar 2. The Chief Secretary Bihar, Patna 3. The Director General Of Police Bihar, Patna 4. The Inspector General (Administration) Bihar, Patna 5. The Inspector General (Welfare) Bihar, Patna 6. The Deputy Inspector General (Head Quarter) Bihar, Patna 7. The Inspector General Bhagalpur Zone, Bhagalpur 8. The Deputy Inspector General Munger Zone, Munger 9. The Superintendent of Police Khagaria ----------- 3. 10.08.2011 Heard learned counsel for the appellant and learned counsel for the State. It is not in dispute that the appellant’s husband was driver of a police jeep, who died while on duty on account of an accident between the police jeep and a truck. That was on account of accident is evident from Annexure-4 of the writ petition. The claim of the appellant for ex-gratia of Rs.2.50,000/- on account of policy decision of the State Government dated 16th April, 1998 (Annexure-1) has been rejected by the authorities and the learned Writ Court on the ground that such ex-gratia payment is to be given only in two conditions, firstly, if the death is in course of encounter 2 with extremists and secondly, if the employee is killed in course of duty. The killing of a police employee while in duty clearly implies much more than death by chance on account of a road accident. In our view, the authorities and the Writ Court have committed no error. The appeal is dismissed. V.K. Pandey (Shiva Kirti Singh, J.) ( Amaresh Kumar Lal, J.)