RAKESH DHOON Vs. UNION OF INDIA

JUDGEMENT

(1.) The arguments in this case were heard on 10.3.2008 and the judgment was thereby reserved. Counsel for the petitioner, however, wanted to file the written submissions for which he took two weeks time. Though two weeks time has expired, written submissions are not filed. Therefore, taking note of the oral arguments, we proceed to pronounce this judgment.

(2.) The husband of the petitioner was commissioned in the Indian Air Force as Airman (Technician) in the year 1982. He was promoted to the rank of Corporal in the year 1987. Unfortunately, he died on 25.1.1990 while on duty, though there is some dispute about the circumstances in which he died. The petitioner, who is his widow, is seeking compensation of Rs. 10 lacs along with interest @ 12% p.a.; LPG distributorship and petroleum product outlet in the State of UP; employment of her adopted son on compassionate basis; and also wants that actual expenses of the education of the children be also paid to her. The precise prayers made by the petitioner in this behalf contained in the prayer clause are as under :-

(3.) As per the petitioner, on 25.1.1990, when her husband (hereinafter referred to as 'deceased'), posted in Jammu and Kashmir, was waiting along with other Air Force officers and Airmen to board Service Transport, they were attacked by two extremists who fired bullets at these Air Force personnel. As a result thereof, four Air Force personnel were killed by the bullets, which included the deceased. This incident was reported widely in the newspapers and many assurances and commitments were made by the respondents to grant ex gratia and other help. The petitioner even received letter dated 2.2.1990 from the President of Air Force Wives Welfare Association (Regd.) condoling the death of the deceased and the petitioner was also provided with the Guide Book giving details of the assistance that she could obtain from the said association. However, nothing was paid to the petitioner. It is stated by the petitioner that at that time she was only 22 years of age having one female child. Due to the sudden demise of her husband, she was faced with multifarious problems and social security besides financial crisis. Therefore, she was made to adopt a male child. She accordingly adopted Vijay Dhoon, son of the brother of the deceased.