MOHINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Smt. Mohinder Kaur, the widow of Bhai Bakshish Singh, a well known Ragi has filed this petition claiming that the benefits due to the murder of her husband in a terrorist attack on 27th November, 1990 which were due under the scheme framed by the Punjab Government for such cases, should be paid to her. It is the admitted case that Bhai Bakshish Singh was a domicile of the State of Punjab and was killed in the Union Territory Chandigarh when he was visiting his daughter who was residing there. The petitioner made an application on 8th February, 1991 to the Union Territory Chandigarh as also the State of Punjab seeking the benefits of the ex-gratia amount etc. The matter was taken up by the Punjab Government with the U. T. Administration vide Annexure P3 dated 29th June, 1992 and various other communications were also exchanged between the two. The State of Punjab finally declined to pay the compensation to the petitioner on the ground that the murder had taken place in the Union Territory, Chandigarh. It is the admitted position that the petitioner had been paid a sum of Rs. 50,000.00 by the U. T. Administration as per their policy in such cases.

(2.) FRUSTRATED in her attempts to get the ex gratia amount, the petitioner has approached this Court seeking a writ of mandamus that the State of Punjab be directed to give her the benefits due under the Punjab Government policy.

(3.) IN the written statement filed by the U. T. Administration it has been stated that a sum of Rs. 50,000.00 which was due under the scheme framed by the U. T. Administration had already been paid to the petitioner and no other amount was due to her.