KANTA YADAV Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Kanta Yadav widow of LNK/NA Anoop Singh of Army Medical Corps, who is stated to have died during Operation Meghdoot on July 24, 2000, through present petition filed by her under Article 226 of the Constitution of India, seeks issuance of writ in the nature of mandamus directing the respondents to grant her further ex gratia of Rs. 2.5 lacs as per government policy, Annexure P-1, as also judgment of this Court in CWP No. 18469 of 2001, dated August 1, 2002.

(2.) The bare minimum facts, as have been projected in the writ petition, for staking claim to the ex gratia of Rs. 2.5 lacs, reveal that Anoop Singh, husband of the petitioner, was permanent resident of village Narnaul, District Mahendergarh. He joined the Indian Army as Sepoy-cum-Nursing Assistant in Army Medical Corps and was allotted 328 Field Ambulance after successful training, on July 19, 1984. He was deployed in Sri Lanka in Indian Peace Keeping Force in 1987 and was awarded "Special Service Medal", for taking part in Operation Pawan there. He was posted in high altitude in Jammu and Kashmir on March 21, 1999 and was attached with 102 Infantry Brigade in Siachen Glacier on April 21, 1999. He was inducted to BANA Saddle to provide medical cover to the troops posted there engaged in Operation Meghdoot on May 28, 2000. He, however, complained of weakness, inability to walk for long time and dry cough with pain in chest on July 19, 2000 and till July 24, 2000 he kept on serving the Nation. On the date aforesaid, at about 10 AM, he breathed his last due to Pulmonary Embolism due to Pulmonary Artery Hypertension and Severe Exhaustion. At about 10 AM on July 27, 2000 an intimation was given to the petitioner regarding sacrifice of her husband in Operation Meghdoot. The dead body of Anoop Singh reached Bhiwani at 5 PM on July 28, 2000 and he was given last farewell at Bhiwani and was cremated there at 7 PM. On September 10, 2000 an ex-gratia of Rs. 5 lacs was recommended to the petitioner as per Ministry of Defence letter dated September 22, 1998, Annexure P-1 and she was paid the said amount of Rs. 5 lacs as ex gratia. The case of the petitioner is that she was entitled to ex gratia of Rs. 7.5 lacs in view of the government policy, Annexure P-1 dated September 22, 1998 and by applying the same very policy, in similar circumstances, this Court had allowed the same very amount as ex gratia in the matter of death of Dr. S.S. Bali in CWP No. 18469 of 2001 decided on August 1, 2002. It is the remaining amount of Rs. 2.5 lacs which has been claimed as ex gratia in the present petition.

(3.) Pursuant to notice issued by this Court, respondents have entered defence and contested the cause of the petitioner. It is pleaded in the written statement that husband of the petitioner was enrolled in the Army Medical Corps on July 19, 1984 and was posted to 328 Field Ambulance located at High Altitude on April 21, 1999. He was detailed for Operation Meghdoot duty and inducted to Bana Saddle at Siachen on May 28, 2000 to provide medical cover to troops deployed there as per existing policy of the sector. He, however, expired on July 24, 2000. As per medical records, the cause of death was Pulmonary Embolism due to Pulmonary Artery Hypertension while performing assigned task during Operation Meghdoot and 328 Field Ambulance considered the death of Anoop Singh as battle casualty vide their letter dated July 27, 2000. Accordingly, RO AMC notified the case as battle casualty vide letter dated August 9, 2000 as per Special Army Order No. 8/5/85. Family pension claim and ex gratia award for Rs. 5 lacs as per Government of India, Ministry of Defence letter dated September 22, 1998 in favour of the petitioner were initiated to the Principal Controller of Defence Accounts (Pension), Allahabad along with the medical documents, who considered the death of husband of the petitioner as attributable to military service and granted special family pension vide Pension Payment Order dated March 26, 2001 (Annexure R-1). Later, Liberalised Family Pension and ex gratia grant of Rs. 5 lacs was issued as per existing rules vide PPO dated October 15, 2001. As per the instructions of the Government of India dated September 22, 1998, the petitioner, besides Liberalised Family Pension, was also entitled to ex gratia grant to the tune of Rs. 5 lacs, which was accordingly paid.