RAJ BALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) IT was on 26.7.1999 when Operation Vijay came to successful culmination after final eviction of Pakistan Army from Indian Territory. Before that there was fierce struggle, stirring battles and many sacrifices, all of which ultimately led to victory that we celebrate even today. Husband of the petitioner, namely, Lance Nayak Bhim Singh who joined Indian Armed Forces in 1988 in the Unit of 193 VBSF Bn was one among those who laid their lives for the country to be victorious in Kargil. He died on 2.7.1999 at Gurmarg Post in Kargil Sector. Petitioner came to know of the demise of her husband on 4.7.1999 when the S.D.M. Fatehabad gave her this information. At the time of funeral of her husband, Home Minister of Haryana, Superintendent of Police, Deputy Commissioner of District Fatehabad and other respectable Senior Officers of the District were also present. They all paid tribute to the martyr. Chief Minister, Haryana also sent a condolence letter to the petitioner. On 13.8.1999, State level function was organized by the Maharshi Dayananad University, Rohtak for honouring the widows/dependents of the martyrs who laid their lives in Operation Vijay Kargil Sector. Petitioner being one of the widow of martyr, was honoured in the said function in which Chief Minister of Haryana was the Chief Guest while Governor of Haryana presided over the function. In a meeting of Haryana Vidhan Sabha held on 27.7.1999, a reference was made to the sacrifice made by the husband of the petitioner.

(2.) PETITIONER has filed this writ petition seeking a writ in the nature of Mandamus directing the State of Haryana to grant ex-gratia payment in terms of instructions issued by it. She has submitted that she has three minor children aged 7, 5 and 3 years and there is no other source of income to meet the household expenses except the pension. Petitioner has averred that except messages of condolence and lip sympathy to her and other members of bereaved family, she has not received any ex-gratia amount which was declared by the State Government of Haryana at the time of Operation Vijay. Despite notice to the State of Haryana, it has not cared to file any reply.

(3.) UNDER the aforementioned instructions, petitioner and parents of the deceased were entitled to receive ex-gratia payment of Rs. 5 lacs each but the State of Haryana, for reasons best known to it, has not released the same. It is really unfortunate that the petitioner received no response despite having written a letter to the Chief Minister, Haryana for release of ex-gratia payment which she was entitled under the instructions issued by the State of Haryana. If this is the manner in which the families of martyrs are to be treated, then in future, no mother or wife would send her son or husband to join the Indian Armed Forces. There being no justification on the part of the State of Haryana to withhold the payment of ex-gratia to the petitioner and parents of martyr Lance Nayak Bhim Singh, this writ petition deserves to be allowed with costs.