C.W.P. No.19133 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.19133 of 2009 Date of Decision.19.03.2010 Commando Jasbir Singh ........Petitioner Versus State of Haryana through the Secretary in Charge, Defence Services Welfare Branch, Haryana Civil Secretariat, Sector 1, Chandigarh and others ....Respondents Present: Mr. Navdeep Singh, Advocate for the petitioner. Mr. Ravi Dutt Sharma, DAG, Haryana for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? Yes 2. To be referred to the Reporters or not ? Yes 3. Whether the judgment should be reported in the Digest? Yes -.- K. KANNAN J.(ORAL) 1. The petitioner seeks for the grant of monetary benefits for a gallantry award winner, who has obtained a Sena Medal, the proof of which is secured through the President's Secretariat Notification dated 26.01.2008. The basis of the claim for the petitioner is the Government's decision in a policy spelt out through a letter of communication from the Chief Secretary to the Government of Haryana to all Deputy Commissioners-cum- Presidents of Zila Sainik Boards in Haryana dated 05.10.2007 (Annexure P-2). The relevant portion of the letter reads as follows: “Subject: One time cash award to gallantry award winners. C.W.P. No.19133 of 2009 -2- The Govt. of Haryana has decided to give one time cash award of the war time and peace time Gallantry Awards for the defence personnel for future awardees only. Previous cases shall not be reopened. The amount shown below will be given once and awardees will not be entitled to any other benefits:- War Time Gallantry One Time Cash Awards Awards a. Paramvir Chakra 25,00,000 b. Mahavir Chakra 15,00,000 c. Vir Chakra 10,00,000 d. Sena Medal (Gallantry) 5,00,000 e. Mention-in-Dispatches 2,50,000” 2. To a claim made by the petitioner for the monetary benefit, the statement of the respondent Nos.1 and 2 is that the petitioner is a Non-Commissioned Officer with Assam Rifles, which is a Para Military Force and it is only the Home Department that provides ex-gratia payment to Para Military Forces including Assam Rifles. The plea on behalf of respondent Nos.1 and 2 is, therefore, that the cash award should be given only by the Home Department to the petitioner. The Home Department itself is a party to this proceeding as 3rd respondent and the 3rd respondent through the Deputy Secretary to Government of Haryana has given a statement to the effect that the matter relating to the monetary benefit to the petitioner was referred to the Secretary Defence Services namely respondent No.1 and after an examination of the matter, it was observed that in the absence of a definite policy on the subject by the Home Department about grant of benefit to persons in Para Military Forces, it was not possible to issue the benefit till a C.W.P. No.19133 of 2009 -3- clear cut policy is taken to include also persons in Para Military Forces as eligible for the monetary benefits. 3. There is, therefore, a strange situation where respondent Nos.1 and 2, which represent the Defence Wing of the State cast the onus on the 3rd respondent, while the Home Branch-3rd respondent looks to the 1st respondent for framing a modified policy to include these awards also to persons in Para Military Forces. 4. In the ultimate bargain, the non-payment of the benefit to the petitioner has occasioned on account of the unusual quibbling on the expression of "Defence Personnel", which the policy recognizes as a person, who would be entitled to the monetary benefit. The contention on behalf of the respondents, therefore, was to show that the persons in the Assam Rifles are not in any way really a part of the Defence Personnel and it is irrelevant that Assam Rifles is termed as Para Military Forces. The learned counsel appearing for the petitioner refers to a Ministry of Defence Notification issued on 06.12.1962, which states that every unit of the Assam Rifles, being a force raised and maintained in India under the authority of the Central Government is governed by all the provisions of the Army Act, except those specified in part A of the Schedule annexed hereto, subject to the modifications set forth in Part B of that Schedule. A further notification of the Ministry of Defence dated 29.09.1975 directs that all classes of persons mentioned in the Schedule of the Army Act shall also be subject to the class of persons mentioned in the corresponding C.W.P. No.19133 of 2009 -4- entry in the second column of the said Schedule. It is seen from the Schedule that all other Government servants whose current monthly basic pay excluding of allowances, which is less than Rs.460/- per month but not less than Rs.260.00 per month would be termed as Non-Commissioned Officers. The counsel refers to the identity cards issued to him as a member of the Assam Rifles that has been issued by the Eastern Command, Kolkata. His endeavour is to show that any other Army Personnel who is not in Assam Rifles is also issued with the same types of identity cards. With persistent doubt or reluctance expressed by the Government of Haryana, there has been a letter of communication from the Directorate General, NSG referring to the fact that Assam Rifles is an Armed Force of Union of India and that such a person would be entitled to the monetary benefits made for Defence Personnel. The Directorate General in his communication dated 02.09.2009 espouses the cause of the petitioner. 5. Learned counsel appearing for respondent Nos.1 to 3 states that the Government is sensitive to immediate need for consideration of claim from persons like the petitioner and they are, therefore, formulating a policy to include the Para Military Force as beneficiaries of the monetary benefits for recipients of gallantry awards and therefore, would seek for an adjournment for consideration of the petitioner's claim after a few months. If it is only for framing a specific policy, so it be. In my view, however that need not deter or delay the petitioner from securing a benefit because the contemplated action is to quell prevarication on the C.W.P. No.19133 of 2009 -5- part of the Government itself. A recipient of a gallantry award to be rewarded with monetary benefit is a method of recognition of an act of bravery in the cause of defence of the State. Persons in the Armed Forces, who have performed gallant acts of valour are required to be honoured immediately, for a material benefit that is promised is just not a method of acknowledging the valour of such persons only. It is to set an example for even ordinary people to emulate. Persons, such as the petitioner, who is on a deputation to NSG, lives on a razor's edge, as it were and he shall not be forced to go hunting for securing what is justly due to him. Even a day's delay to what the State promises is an insult to his honour and valour. There shall be a direction in the manner, which the petitioner seeks for in the writ petition and the respondent No. 1 is directed to release the monetary benefit within a period of four weeks from the date of receipt of copy of this order. 6. The writ petition is allowed on the above terms. There shall be, however, no direction as to costs. (K. KANNAN) JUDGE March 19, 2010 Pankaj*