RITA SAIKIA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner, claiming herself to be unfortunate widow of Dfr/ Ash Dilip Saikia, who while being deployed in 898 At Bn Unit in Operation Rakshak in Jammu and Kashmir near international border from April 22, 2008 till August 11, 2010 died. The area of his deployment was notified as counter-insurgency area under operation Rakshak promulgated by the Government of India. On August 11, 2010 at 2140 hours, when the husband of the petitioner was on patrol duty near the counter insurgency operation in field area, the bunker in which he was performing the duty collapsed due to mud slide from the roof due to incessant heavy rains As such he was buried in the debris. The death of the husband of the petitioner was considered as battle casualty. The official report pertaining to his death as per annexure P-1 reads as follows:-

(2.) The petitioner claims that the State of Haryana as per policy dated June 17, 1999 had announced the ex-gratia grant of Rs. 1 lac for the personnel who died during various operations vide annexure P-4. The said amount was later on increased to Rs. 10 lacs vide an amended policy dated September 30, 1999. Copy of the policy has been appended with the petition as annexure P-5. Government of Haryana vide clarification dated November 7, 2011 has further clarified the policy dated September 30, 1999 and the rules were relaxed to provide ex-gratia grant to the casualty taking placed in operational area which were declared as Battle casualty and Battle accident. Copy of the clarification issued by Government of Haryana has been appended with the petition as annexure P-6. Petitioner claims that the death of the husband of the petitioner was declared as battle casualty as such she made a representation to respondent No.2 for release of ex-gratia grant, annexure P-7. The petitioner was issued a communication dated July 6, 2014 which reads as follows:-

(3.) Aggrieved by the above said order, the petitioner has filed the present writ petition for release of ex-gratia grant.