SIMARJIT KAUR Vs. SECY DEFENCE SERVICE

JUDGEMENT

(1.) PETITIONER -Simarjit Kaur has approached this Court by way of instant writ petition filed underArt.226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing order dated 20.05.2002 (P -8) passed by the respondents and further prayer is for issuance of direction to the respondents to release the benefits to the petitioner under the Scheme of Punjab War Heroes Family Relief Fund, set up by the Punjab Government vide notification dated 26.6.1999.

(2.) THE petitioner is a widow of Rifleman Jasbir Singh No. 13756036 who joined the Indian Army on 24.02.1992. The petitioner was posted at J & K for operation Rakshak and on 13.10.2000, he was on perimeter patrolling duty when he suddenly fell down and sustained head injury near village Khandiphari and died enroute while evacuating to hospital. The Punjab Government has set up a fund as Punjab War Heroes Families Relief Fund with the object to give ex -gratia grant to the next kin of the defence personnel. The notification in this regard issued by the Government is Annexure P -4. This notification is applicable in the cases, which reads as under: -

(3.) HOWEVER , the respondent -authorities rejected the claim of the petitioner vide order dated 22.05.2002 on the ground that according to the rules, the benefits are to be allowed to the family members of those deceased soldiers whose death occurred on or after 1.1.1999 in the specified areas of operational responsibilities due to enemy action and the husband of the petitioner only met with an accident.