IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.915 of 2011 Date of Decision : January 19, 2011. Subhash Chander .....Petitioner versus The State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Sandeep Khunger, Advocate, for the petitioner. Ms.Sudeepti Sharma, DAG, Punjab. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) Notice of motion. Ms.Sudeepti Sharma, Deputy Advocate General, Punjab, accepts notice on behalf of the respondents. Let four copies of the writ petition be handed-over to the learned State counsel during the course of day. In view of the nature of order which I propose to pass, there is no need to seek any counter reply from the respondents at this stage. The petitioner seeks a mandamus for the release of the payment of Subsistence Allowance @ Rs.2500/- per month w.e.f. 1.4.1996 to 31.8.2009 as well as the Ex-Gratia Grant in accordance with the C.W.P.No .915 of 2011 2 provisions of the Subsistence Allowance to Widows of Riots/Terrorists Violence Rules, 1990 (hereinafter referred to as `the 1990 Rules'). It is averred that when the petitioner was helping the victims and was providing medical help to those who got severely injured in a bomb blast exploded by the terrorists on 7.3.1990 in Street No.12 at Abohar, District Ferozepur, a second bomb also suddenly exploded causing serious injuries to the petitioner resulting into 80% permanent disability. The petitioner is said to have been issued a certificate in this regard by the Chief Secretary to the Government of Punjab. The petitioner's case is that as per the provisions of the above mentioned 1990 Rules, he is entitled to be paid the Subsistence Allowance @ Rs.2500/- per month w.e.f. 1.4.1996 to 31.8.2009 as well as the Ex-Gratia amount but the same are not being released to him for want of sufficient funds with the District Administration. In this regard, the petitioner has placed reliance on a communication dated 22.9.2010 (Annexure P-2) sent by the Sub Divisional Magistrate, Abohar, to the Deputy Commissioner, Ferozepur, the relevant contents whereof read as follows: “...The applicant Shri Subhash Chander son of Shri Diwan Chand, resident of Abohar (a copy of his application is enclosed) is to be paid subsistence allowance and Ex-gratia grant w.e.f. 1.4.1996 for which an amount of Rs.4,08,500/- are required and for other beneficiaries whose Subsistence Allowance has been increased from Rs.750/- p.m. To Rs.2500/- per month an additional amount of Rs.4,31,000/- is required for making the payment......” C.W.P.No .915 of 2011 3 The petitioner further alleges that he has represented the authorities several times followed by a legal notice dated 30.10.2010 (Annexure P-3) but nothing has been paid to him so far. Having heard learned counsel for the parties and considering the nature of relief sought in this writ petition, I am of the considered view that it is imperative upon the respondents to determine the petitioner's entitlement and release the consequential benefits to which he is entitled to under the Government Policy/1990 Rules. The writ petition is accordingly disposed of with a direction to the Chief Secretary to the Government of Punjab, to verify the facts and if the petitioner is found entitled to, to release sufficient funds to the Deputy Commissioner, Ferozepur who in turn is directed to make the due payments to the petitioner. The needful shall be done within a period of three months from the date of receiving a certified copy of this order. Dasti. January 19, 2011 (SURYA KANT) Mohinder JUDGE