HARJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short but interesting question that calls for determination in this case is whether a widow of a Sepoy in the Sikh Regiment of the Indian Army dying in harness in a field area in a road accident while posted in Poonch in Jammu & Kashmir and being declared a battle casualty would be entitled to a grant of Rs. 2 lacs under the ex-gratia scheme of the Punjab Government and in addition thereto to an amount of Rs. 5 lacs from the Punjab War Heroes Relief Fund on contracting a Kareva marriage with the younger brother of her deceased husband Sukhwinder Singh. The brief facts necessary to decide the issue are that Kulwinder Singh died on 19.07.2005. In 2006 the young widow was married to the younger brother of her late husband in accordance with ancient Punjab custom.

(2.) On the death of her husband and after her second marriage, the petitioner claimed monetary benefits under Government policies through representations and lastly by a legal notice served upon the respondents.

(3.) On notice of motion being issued, the respondent-State has put in appearance and has contested the case by filing a reply. The facts have not been disputed. The defence has been taken that as per extant policy of the Punjab Government and instructions issued vide Directorate of Sainik Welfare Punjab, Chandigarh vide memo. No. 2/26/2008-5/1644 dated 05.08.2008 the payment of such Financial Assistance can be paid to a widow only if she has not re-married after the death of her husband. In view of these instructions, it is urged that the petitioner is not entitled to any relief of financial assistance as claimed by her and her case was, therefore, rightly rejected by the 3rd respondent vide impugned memo. dated 16.11.2010 photocopy of which has been placed by the Government in its reply at Annexure R-III. Their are other benefits also admissible to only such widows including allotment of plots, appointment to public service on compassionate grounds and payments of ex-gratia concessions etc. as are not re-married.