HARJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

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.) IT is also not disputed that in case, she was not remarried she would have been entitled to financial assistance under Government policies which existed prior to the death of Sepoy Kulwinder Singh. The claim of the petitioner was processed by the Sikh Regiment in writing to the District Sainik Welfare Officer, Gurdaspur vide letter dated 13.07.2006 referring to earlier Army letter dated 01.02.2006 enquiring whether ex -gratia grant of Rs. 2 lacs and Rs. 5 lacs from the Punjab War Heroes Relief Fund and Employment assistance to NOK/One Member of family had been made available or not to enable the Pension Group Wing of the Army to apprise Army Headquarters of the beneficiaries concerned accordingly. A copy of the letter was endorsed to the petitioner. The Senior Record Officer in the rank of Major issued many reminders but little was done till the District Sainik Welfare Officer/Board verified the fact that the petitioner had solemnized a Kareva marriage.