IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12617 of 2006 Malti Devi, wife of late Ganesh Singh, resident of Mohalla Baheliya Bigha, Police Station Tekari, Dist. Gaya. --------- Petitioner Versus 1. The State of Bihar. 2. The Chief Electoral Officer, Bihar, Patna. 3. The Secretary, Department of Finance, Government of Bihar, Patna. 4. The District Magistrate-cum-District Election Officer, Gaya. 5. The District Superintendent of Education, Gaya. 6. The Block Education Extension Officer, Pariya, Gaya. --------- Respondents ----------- 2 30.6.2011 Having heard learned counsel for the parties and taking into account the policy of the State Government contained in resolution of the Finance Department dated 20.1.2005 envisaging payment of compensation only to such a Government servant, who have died during performance of the actually election duty, this Court would find it difficult to allow the prayer of the petitioner in this writ application for payment of compensation in terms of the aforementioned policy, inasmuch as, it is an admitted case that the employee, the husband of the petitioner had died well before joining the duty. Counsel for the petitioner would submit that the employee, the husband of the petitioner was going to report on election duty and had met 2 his death in the way. In the considered opinion of this Court, such death cannot be said to have occurred during performance of actual election duty, which alone qualifies for payment of compensation upon death of the Government servant. That being so, this application is wholly misconceived and is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)