MANJU DEVI Vs. STATE & OTHERS

JUDGEMENT

(1.) Petitioner's husband namely Sri Pramod Prasad was a rifleman serving in Garhwal Rifles. He was posted in the disturbed area of Jammu and Kashmir. The Army has launched 'Operation Parakram'. Petitioner lost her husband in 'Operation Parakram'. The State of Uttarakhand granted ex gratia relief of Rs. 5,000/- to the petitioner purportedly on the basis of the G.O. dated 22.10.1990 issued by the State of U.P. Thereafter, the State of Uttarakhand, in recognition of the services rendered by the army personnel, issued the Government Order dated 5.3.2014 whereby the ex gratia amount has now been enhanced to Rs. 6.00 lakh for the wife and Rs. 4.00 lakh for the parents.

(2.) The paramount consideration for issuing the G.O. dated 5.3.2014 is to pay homage to the army personnel who have laid down their lives while defending the nation, may be due to outside aggression or internal disturbance. The underlying principle is also to mitigate the hardship faced by the spouse or the family members of the army personnel who have died on duty. This is a laudable object. The Court places on record its appreciation to the State of Uttarakhand for coming out with such a beneficial government order granting ex gratia payment to the family members of the martyrs.

(3.) Learned Counsel appearing for the petitioner submits that the cut-off date 5.3.2014 has no nexus with the object, sought to be achieved. He further submits that the homogenous class of martyrs has been discriminated against, though similarly situate. In other words, his submission is that the applicability of G.O. dated 5.3.2014 creates invidious discrimination and is also violative of Article 14 of the Constitution of India.