GURMEJ KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave is granted to place on record the affidavit of respondent No. 4 and the application is allowed.

(2.) The deceased soldier is stated to have come on leave from Army on 14.3.1999 and was married to respondent No. 4, who was aged 20/21 years. He had to join duty within a week of his marriage and unfortunately was martyred in the Kargil war. The respondent No. 4 is stated to have gone to her parental house after the Bhog ceremony.

(3.) It is the case of the petitioner that the respondent No. 2, the Directorate of Sainik Welfare, in order to rehabilitate the family members of the defence forces who sacrificed their lives or were disabled during the Kargil conflict, set up a relief fund which included grant of an exgratia amount of Rs. 2 lacs and a plot at reserve price less '5 lacs as also a job to the legal heirs of the soldiers who were martyred in the conflict. The petitioner and respondent No. 4 are stated to have jointly applied for the same. The exgratia payment was divided between petitioner and respondent No. 4 in equal proportion of '1 lac each. They are also stated to have jointly applied for the grant of '5 lacs for construction of residence, but this benefit is stated to have been given exclusively to the respondent No. 4. The reason for the same was stated to be the relevant Rule 3(b) which stipulated priority between the legal heirs and the widowed spouse comes in a category before the dependent parents and one category takes to the exclusion of the other.