BAIJ NATH Vs. STATE OF J AND K

JUDGEMENT

(1.) PURSUANT to Government Order No. 179 -GAD of 1994 dated 17.02.1994, Government of Jammu and Kashmir has been granting ex -gratia relief of Rs. 2 lacs to the kin of those who are killed by militants. Vide Government Order No. 805 -GAD of 1999 dated 15.07.1999, the said amount of Rs. 2 lacs has been enhanced to Rs. 5 lacs in respect of next of kin of the security forces including Defence Personnel killed in operations, who are permanent residents of the State. The aforesaid Order of 1999 reads, thus:

(2.) IN my considered view, the meaning has to be assigned to the expression 'Security Forces' by keeping in consideration the true intention of the Government which actuated it to pass the order.

(3.) THIS being the position, I am surprised that since long, the Government has not taken the decision of its own order with regard to the enhancement of ex -gratia relief, depriving kith and kin of so many brave sons of the soil, who laid down their lives while fighting with the militants. The State owes a pious obligation to come to their rescue at the earliest. The instant case unfortunately depicts apathy of the Government. It really pains this Court. Admittedly, the petitioner's son being the member of the police force lost his life fighting against militants and, therefore, he is entitled to the payment of enhanced ex -gratia relief at the rate of Rs. 5 lacs.