KAMLESH DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner is the widow of Havildar Lakhbir Chand who lost his life during the 'Operation Vijay' in Jammu and Kashmir while fighting the enemy. The deceased was NCO in the Regiment of Artillery in the Indian Army. He was posted in 289 SATA BATTERY which was deployed in the operational areas in Akhnoor sector of Jammu and Kashmir and the unit was involved in the operational sector and was fully committed to the operational duties/activities. The deceased, was performing his operational duties in the active areas on 24.8.1999 and patrolling on foot from Rdr to the listening post Kachrial when the enemy resorted to heavy and intense mortar shelling/bombardment from across the border. At 0830 hours when he reached the listening post he complained of severe chest pain, from there, he was immediately evacuated in a vehicle to Jourian and from there he was taken in an ambulance to the military hospital, Akhnoor accompanied by a Medical Officer. On the way he died at 0945 hours due to acute Myocardiac infraction caused by the abovementioned battle circumstances. His death was mourned in the unit and the battle casualty was noticed to the Army authorities. the Army publishes a battle casualty report in the prescribed form and relevant extract of the report which was published on 26.8.1999 reads as under :

(2.) Petitioner, who was the wife of the deceased was informed about his death on 24.8.1999 by a telegram and also through a special courier sent by the Unit. The dead body of the deceased was sent by the Army authorities to his native village in Hoshiarpur district where he was cremated with full military honours. A wreath was placed on his body on behalf of the Core Commander.

(3.) The State of Punjab and announced certain benefits for the War Heroes and published in the official gazette on 26.6.1999 the rules called the Rules for the administration of Punjab War Heroes Families Relief Fund (hereinafter referred to as the Rules). These Rules provide for the setting up of a fund out of whcih ex-gratia grants are given to the next of kins of defence/para military personnel from Punjab irrespective of the rank held by War Heroes who loose their lives or suffer disabilities of different magnitude in the specified areas of operational responsibility within the country. The purposes for which the funds are to be utilised have been specified in the Rules and sources of the fund have also been laid down. Petitioner applied for the grant of ex-gratia benefits since she claimed that her husband was a War Hero who lost his life in the specified area of operational responsibility in Akhnoor sector in the State of Jammu and Kashmir. This claim has been rejected by the State Government on the ground that the petitioner is not entitled to the benefits under the Rules as the death of her husband occurred due to acute 'myocardiac infraction'. It is against this refusal by the State Government to grant her relief that the present petition has been filed under Article 226 of the Constitution.