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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 Neutral Citation No:=2025:PHHC:030871 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".
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 Neutral Citation No:=2025:PHHC:030871 live ammunition, will be considered as death in war like situation. The relevant extract is reproduced as under:-
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.