ASHA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking direction to respondent to release Special Ex-Gratia Grant and Group Personnel Accident Insurance of her deceased husband.

(2.) The petitioner's husband was part of Punjab Police. He rose through the ranks. In 1990 when he was posted as Inspector at Tarn Taran, he went missing on 9/2/1990 and could not be traced. SSP, Tarn Taran declared him dead. The death certificate was issued on 12/3/2007. The petitioner was granted compassionate appointment as Peon vide order dtd. 21/1/1991 in the respondent-department as well as was granted family pension. She unsuccessfully preferred representations for release of Special Ex-Gratia Grant and Group Personnel Accident Insurance of her deceased husband. She served legal notice dtd. 18/1/2010 upon the respondent for release of Special Ex-Gratia Grant and Group Personnel Accident Insurance of her deceased husband which was rejected vide order dtd. 8/4/2010.

(3.) Learned counsel for the petitioner submits that as per communication dtd. 5/12/1990 of Director General of Police (DGP), Punjab, the deceased employee left his office on 8/2/1990. He did not join duty thereafter and a wrong entry showing casual leave from 13/2/1990 was made by SI Bhupinder Kumar. He was posted in Tarn Taran and area of Tarn Taran was badly affected with terrorism. It was infested with terrorists and extremists. The officer may have been kidnapped by suspected terrorists with intent to eliminate. In view of report dtd. 5/2/1990 of authorities, the petitioner was entitled to Special Ex-Gratia Grant of Rs.2,00,000.00. She does not press her claim qua Group Personnel Accident Insurance because she is claiming Special Ex-Gratia Grant.