Punjab-Haryana High Court
Ex.Sub Major & Hon.Capt.Hawa Singh ... vs Union Of India And Others on 17 July, 2012
Author: Mahesh Grover
Bench: Mahesh Grover
C.W.P. No.2816 of 2012 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
C.W.P. No.2816 of 2012 (O&M)
DATE OF DECISION : 17.7.2012
Ex.Sub Major & Hon.Capt.Hawa Singh Mehla PETITIONER
VERSUS
Union of India and others RESPONDENTS
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present:- Shri Navneet Singh, Advocate for the petitioner.
Shri Ashish Kapoor, Advocate for the Union of India.
Shri A.K.Bansal, Advocate for respondent.
MAHESH GROVER, J.
C.M. No.9063 of 2012 C.M. is allowed. Reply is taken on record. C.M. No.9090 of 2012 Learned counsel for the petitioner prays for permission to withdraw the application. Permitted to do so.
C.M. is dismissed as withdrawn.
Main Case The petitioner who is an ex-serviceman, has impugned the order Annexure P-9 vide which his eligibility certificate under the Rajiv Gandhi Gramin C.W.P. No.2816 of 2012 -2- LPG Vitran Yojana (RGGLV) has been cancelled.
The said scheme was admissible to the following categories of ex- serviceman :-
A. War widows/dependents of those who died in war.
B. War disabled/disabled on duty.
C. Widows/dependents of those who died in harness due to
attributable cause.
D. Disabled in peace due to attributable causes.
The petitioner does not fall in any of the categories of ex-serviceman and yet pleads that the cancellation order is inappropriate and he further states that the benefit of the scheme cannot be restricted to the aforementioned categories, but has to be made admissible to all ex-servicemen.
From a bare perusal of the categories of ex-serviceman reproduced above, it is evident that the purpose of the policy is intended to be admissible to a particular class of ex-servicemen which include war widows/dependents of those who died in war, war disabled/disabled on duty, widows/dependents of those who died in harness or were disabled in peace due to causes atttributable to service. It was thus a benevolent scheme intended to take care of above categories of ex- servicemen and was never intended to apply to ex-serviceman in general.
Besides, the issue is no longer res integra as this Court in C.W.P. No.17262 of 2011 Jugraj Singh v. Union of India and others decided on 15.9.2011, has concluded likewise.
Consequently, the instant writ petition is held to be without any merit and is dismissed.
(MAHESH GROVER)
July 17, 2012 JUDGE
GD
C.W.P. No.2816 of 2012 -3-