COMMANDO JASBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks for the grant of monetary benefits for a gallantry award winner, who has obtained a Sena Medal, the proof of which is secured through the President's Secretariat Notification dated 26.01.2008. The basis of the claim for the petitioner is the Government's decision in a policy spelt out through a letter of communication from the Chief Secretary to the Government of Haryana to all Deputy Commissioners-cum- Presidents of Zila Sainik Boards in Haryana dated 05.10.2007 (Annexure P-2). The relevant portion of the letter reads as follows:

(2.) To a claim made by the petitioner for the monetary benefit, the statement of the respondent Nos. 1 and 2 is that the petitioner is a Non-Commissioned Officer with Assam Rifles, which is a Para Military Force and it is only the Home Department that provides ex-gratia payment to Para Military Forces including Assam Rifles. The plea on behalf of respondent Nos. 1 and 2 is, therefore, that the cash award should be given only by the Home Department to the petitioner. The Home Department itself is a party to this proceeding as 3rd respondent and the 3rd respondent through the Deputy Secretary to Government of Haryana has given a statement to the effect that the matter relating to the monetary benefit to the petitioner was referred to the Secretary Defence Services namely respondent No. 1 and after an examination of the matter, it was observed that in the absence of a definite policy on the subject by the Home Department about grant of benefit to persons in Para Military Forces, it was not possible to issue the benefit till a clear cut policy is taken to include also persons in Para Military Forces as eligible for the monetary benefits.

(3.) There is, therefore, a strange situation where respondent Nos. 1 and 2, which represent the Defence Wing of the State cast the onus on the 3rd respondent, while the Home Branch-3rd respondent looks to the 1st respondent for framing a modified policy to include these awards also to persons in Para Military Forces.