LI Network
Published on: November 30, 2023 at 15:10 IST
The Gauhati High Court has directed the State Government to provide a compensation of ₹5 lakhs under its ex gratia compensation scheme to the daughter of a man who lost his life during the Assam Movement on November 30, 1981.
The court’s decision comes after the initial denial of the compensation claim, citing that the amount had already been disbursed to the deceased man’s brother.
Justice Devashis Baruah, presiding over a single-judge bench, highlighted that the ex gratia amount had been paid to the brother without the required next of kin certificate being produced.
The court noted that the petitioner, the daughter of the late Loknath Saikia, was entitled to the compensation, and the authorities should not deprive her due to the erroneous disbursement to the brother.
The petitioner learned about the ex gratia compensation scheme offered by the Government of Assam and applied for the ₹5 lakhs grant. However, her application was rejected on the grounds that the amount had already been given to the deceased man’s brother.
In response, the petitioner filed a writ petition, presenting a certificate issued by the Additional Deputy Magistrate, Nagaon, confirming her father’s death during the Assam Movement.
The State Government, in its affidavit, explained that the payment to the brother was based on a report from the Deputy Commissioner, Nagaon.
They argued that since the ex gratia amount had already been disbursed, there was no question of making another payment to a different beneficiary.
The court, after reviewing the case, emphasized that the petitioner’s status as the next of kin was undisputed.
It directed the State Government to take necessary steps to disburse the ₹5 lakhs compensation to the petitioner within 60 days.
The court’s decision underscores the importance of ensuring that rightful beneficiaries receive compensation for the sacrifices made during historical movements like the Assam Movement.
Case Title: Momi Saikia V. The State of Assam & 3 Ors.