Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/156/2022 Koiman Wangpan W/o Late Agoi Wangsa (SC), R/O of Longding, PO/PS and District Longding, State of Arunachal Pradesh, Phone No. 9678515433, Pin Code 792131 VERSUS THE UNION OF INDIA and 4 Ors. Represented by the Chief of Defense Staffs, Govt. of India, New Delhi, India 2:The Secretary Age: 0 Occupation : Home Affairs Govt. of India New Delhi. 3:The Commanding Officer Age: 0 Occupation : 3rd Battalion of Assam Regiment Happy Valley Shillong 793007 Meghalaya. 4:THE STATE OF AP Age: 0 Occupation : Represented by the Chief Secretary Itanagar 791111 Arunachal Pradesh. 5:The Deputy Commissioner Age: 0 Occupation : District Longding
Page No.# 2/4 Arunachal Pradesh Advocate for the Petitioner : Chorpok Modi, Uttam Deka,A Saring,T Char,Bomyom Ori,N Tania,M Tunar,Gyati Nehal Advocate for the Respondent : Marto Kato, GA (AP),DSGI
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 07.04.2026 Heard Ms. S. D. Philley, learned counsel appearing on instruction of Shir U. Deka, learned counsel for the petitioner. Also heard Shri M. Kato, learned Dy.S.G.I. and Shri N. Ratan, learned Additional Advocate General, Arunachal Pradesh. 2. The claim in this petition is with regard to ex gratia for the death of the husband of the petitioner, who was a Constable of the Assam Regiment of the Indian Army. The death occurred in the year 1992. The petitioner has based her claim on certain notifications which were issued much later than the year of death. 3. During the deliberations, the learned Dy.S.G.I. had placed before this Court certain other notifications, including a notification dated 22.09.1998, which, however, clarified that the same would cover cases on or after
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01.08.1997. As the death in the present case occurred in the year 1992, this Court had accordingly directed the learned Dy. S.G.I. to obtain instructions with regard to the position governing cases prior to 01.08.1997. 4. Shri Kato, learned Dy.S.G.I., has submitted that as per the instructions received, the scheme for payment of ex gratia started in the year 1993, wherein the amount stipulated was Rs. 1 lakh.
He has accordingly submitted that no ex gratia would be payable to the petitioner in respect of the death which occurred in the year 1992 and, at best, if any such ex gratia is payable, the same would be only to the extent of Rs. 1 lakh. 5. At this stage, Shri Ratan, learned Addl. A.G., has submitted that as per the instructions received, the State Government itself had examined the claim of the petitioner and has come to the conclusion that ex gratia of Rs. 2 lakhs would be payable. However, the said amount was not acceptable to the petitioner at that time. 6. At this stage, Ms. Philley, learned counsel for the petitioner, has submitted that since the claim was based on the Central Government notification and admittedly, at the time of death, there was no such notification, and the proximate notification would be of the year 1993 as per which the ex gratia is Rs. 1 lakh, her client would be satisfied if the amount stipulated by the State Government is paid to her. 7. In view of the aforesaid submissions, this writ petition is closed by directing the State Government to release the ex gratia amount of Rs. 2 lakhs to the petitioner expeditiously and preferably within a period of 2 (two) months from the date of receipt of a certified copy of this order. 8. It is, however, clarified that the present payment would not be treated as a
Page No.# 4/4 precedent for any other case. 9. The writ petition stands disposed of. JUDGE Comparing Assistant