Punjab-Haryana High Court
Jai Dev vs State Of Haryana And Others on 28 February, 2025
Neutral Citation No:=2025:PHHC:030871
CWP-15796-2024 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP-15796-2024
Date of decision : February 28, 2025
Jai Dev ....Petitioner
Versus
State of Haryana and others
....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Navdeep Singh, Ms. Roopan Atwal and
Ms. Srishti Sharma, Advocates, for the petitioner
Mr. Rajesh Gaur, Addl. AG, Haryana
KULDEEP TIWARI,J.
1. The petitioner, a proud father of Late Shri Flight Lieutenant Varun Kumar [29210F(P)], who served as a pilot in the Indian Air Force, had unfortunately, lost his life in an air crash on dated 9.6.2009, at Mechuka, Arunachal Pradesh, during a "Battle Inoculation" mission at Air Force Station, Jorhat, which is situated in a counter-insurgency area, has to approach this Court for issuance of mandamus upon respondents No. 2 to 4, to consider his application for ex-gratia grant, and reward money amount, in terms of applicable policies of Government of Haryana dated 15.6.2001, 6.3.2017 and 8.11.2021 respectively.
2. The facts, qua which there is no wrangle amongst the petitioner and the respondents, that the death of the son of the petitioner occurred while he was serving as a pilot in Indian Air Force, in an air crash on dated 9.6.2009, at Mechuka, Arunachal Pradesh and the incident 1 of 7 ::: Downloaded on - 15-03-2025 02:54:44 ::: Neutral Citation No:=2025:PHHC:030871 CWP-15796-2024 2 occurred during a "Battle inoculation" mission at Jorhat.
3. The petitioner at an earlier instant, fought legal battle for issuance of certificate of "Battle Casualty", and therefore, approached the Armed Forces Tribunal concerned, which while drawing decision dated 27.8.2019, granted the relief in the form of "Liberalized Family Pension". The Central Government in the process of implementation of the order (supra), issued "Battle Casualty" certificate of the deceased, to the petitioner, on 9.10.2022, and also granted the "Liberalized Family Pension".
4. The grievance which propelled the petitioner to approach this Court is that the authority concerned neither granted the ex-gratia grant and reward money to the petitioner, nor declined it, in terms of the policies flouted and adopted by the State of Haryana from time to time. Though the petitioner cannot as a matter of right claim the grant of reward money, and ex-gratia grant, however, once the policies have been framed by the State Government, and in case, the petitioner is entitled under the said policy, certainly one can maintain a writ seeking mandamus upon the respondents, to grant such relief as included in the policies. In the instant case, so far as the policy of 2001 is concerned, which was flouted on 15.6.2001, the State government, after consideration with the Government of India, instructions dated 22.9.1998, and 3.8.1999, were modified, and the existing instructions dated 30.9.1999, the relevant portion of which is extracted, as under:-
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(a) A Reward Money of Rs. Ten Lac in recognition of acts of bravery, gallantry and sacrifice would be paid to the families of those defence personnel hailing from Haryana, who die during an enemy action in International war or such war like engagements, which are specifically notified by the Ministry of Defence, Govt. of India. This would be in addition to whatever Ex-gratia relief is admissible under Govt. of India instructions.
(b) Ex-gratia grant will be admissible to the families of those defence personnel who hail from Haryana end get killed in militant encounters and declared as Battle Causalities as per amounts given in Annexure 'A' and conditions of eligibility given in Annexure 'B'.
(c) Ex-gratia grant will be given to those personnel of the Defence, forces hailing from Haryana who get disabled for life and boarded out of service due to disability declared as Battle Casualty/Battle accident depending on the percentage of disability suffered in the first instance during life at the rates given in Annexure 'a' and the eligibility conditions given in Annexure "Br.
(d) These instructions would be applicable only in cases of Defence service personnel.
2. The rates of Ex-gratia grants mentioned in annexure 'A' will be applicable for all operations on and after issuance of this letter but the rates of Ex-gratia amount as enumerated in para 3 of the policy letter dated 30.9.99 will remain operative in respect of casualties (Battle casualties and Battle accidents) that have 3 of 7 ::: Downloaded on - 15-03-2025 02:54:44 ::: Neutral Citation No:=2025:PHHC:030871 CWP-15796-2024 4 occurred on and after 1.4.99 and before the date of issue of this letter.
3. The cases prior to 1.4.99 will continue to be governed as per instructions contained in the policy letters dated 1.7.92 and 1.4.94.
4 The eligibility conditions as laid down in Annexure 'B' will be applicable with effect from date of issue of this letter and all cases of Battle Causalities and Battle Accidents between the period 1.4.99 and before the date of issue of this letter will be governed by the policy letter dated 30.9.99.
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5. Further the eligibility condition as laid down has been prescribed in Annexure-B, as attached with policy of 2001, which came into effect from the date of issuance of the policy, and all the cases of battle Casualty, and battle accident between the period from 1.4.1999, and before the date of issue of letter dated 15.6.2001, were ordered to be governed by the policy dated 30.9.1999. The eligibility condition as contained in Annexure-B (supra), has been made applicable from the date of issuance of letter dated 15.6.2001, and all the other cases of battle Casualty occurred between from 1.4.1999, and before the date of issue of this policy, shall be governed by the earlier policy dated 30.9.1999.
6. The relevant portion, vide which, a person who was held to be eligible for the reward money, and ex-gratia grant, as per Annexure-B (supra), is extracted hereinunder:-
"THOSE WHE ARE ELIGIBLE FOR THE REWARD 4 of 7 ::: Downloaded on - 15-03-2025 02:54:44 ::: Neutral Citation No:=2025:PHHC:030871 CWP-15796-2024 5 MONEY OF RS 10 LACS.
Families of Defence Forces Personnel belonging to Haryana who are killed in an enemy action in an International War or War like engagements which are specifically, notified by the Ministry of Defence, Govt. of India.
THOSE WHO ARE ELIGIBLE FOR EX-GRATIA GRANT Families of Defence Forces Personnel belonging to Haryana and killed and notified as Battle Causalities/Battle accidents by Defence authorities when the death is due to :-
a) Militant/terrorist encounter in operational areas or due to Border Skirmishes.
b) I.E.D. blast."
7. The aforesaid policy was further modified, and the area of applicability of policy was enhanced by the policy flouted on dated 6.3.2017, and 8.11.2021 respectively. As per the policy of 2001, the families of Defence Forces Personnel belonging to Haryana who were killed during an enemy action, either in international war, or War like engagements, which are specifically notified by the Ministry of Defence, Government of India, are held to be eligible. In the instant case, "Battle Casualty" certificate has been issued to the petitioner, only after fighting a long legal battle with the Central Government, i.e. on dated 9.10.2022, Annexure P/1. Further, as per the notification, Government of India, the war like situation has been described wherethrough, in case of death occurred during battle inoculation training exercises, or demonstration with 5 of 7 ::: Downloaded on - 15-03-2025 02:54:44 ::: Neutral Citation No:=2025:PHHC:030871 CWP-15796-2024 6 live ammunition, will be considered as death in war like situation. The relevant extract is reproduced as under:-
"Category E Death or disability arising as a result of:
a. enemy action in international war. b. action during deployment with a peace keeping mission abroad.
c. border skirmishes.
d. during laying or clearance of mines including enemy mines as also minesweeping operation. e. on account of accidental explosions of mines while laying operationally oriented mine-field or lifting or negotiating minefield laid by enemy or own forces in operational areas near international borders or the Line of Control. f. War like situations, including cases which are attributable to/aggravated by:
i. extremist acts, exploding mines etc. while on way to on way to an operational area.
ii. battle inoculation training exercises or demonstration with live ammunition. iii. kidnapping by extremists while on operational duty."
8. In view of the aforesaid facts and circumstances, and the policy (supra), discussed by this Court, prima facie, made the petitioner, entitled for the asked for relief, therefore, the instant petition is allowed.
9. Therefore, this Court deems apt to pass a mandamus upon the 6 of 7 ::: Downloaded on - 15-03-2025 02:54:44 ::: Neutral Citation No:=2025:PHHC:030871 CWP-15796-2024 7 respondents concerned, to forthwith consider the case of the petitioner, in view of the above observation, and thereupon, consider the case of the petitioner, as per any of the policy, which is applicable to the case of the petitioner, and grant the relief of ex-gratia grant, and reward money. The above exercise shall be carried out within a period of two months from the date of receipt of certified copy of this order.
10. Ordered, accordingly.
( KULDEEP TIWARI )
February 28, 2025 JUDGE
'tiwana'
Whether speaking/reasoned ? Yes/No
Whether Reportable ? Yes/No
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