CWP No. 11633 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.11633 of 2008 Date of decision: 21.8.2008 Ajit Singh ...Petitioner Versus State of Haryana and others ...Respondent CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.L. Chander Shekhar, Advocate, for the petitioner. Ms. Sudeepti Sharma, AAG, Punjab. Ashutosh Mohunta, J. (oral) The petitioner has filed this writ petition wherein it has been prayed that direction be issued to the respondents to release the ex-gratia benefit as per instructions of the Punjab Government for killing of his young innocent son Baldev Singh. It has been submitted that son of the petitioner namely Baldev Singh was killed in terrorist violence on 25.12.1990 in village Kot Budha, Tehsil Patti, District Tarn-Taran and that the respondents be directed to release the ex-gratia benefit as per Instructions (Annexure P-4) of the State Government. Learned counsel for the petitioner contends that the Gram Panchayat of Village Kot Budha has given a certificate that the son of the petitioner is not involved in any terrorists activity and therefore the petitioner is entitled to receive the ex-gratia payment. CWP No. 11633 of 2008 2 Reply has been filed on behalf of respondents No.1 to 3 & 5 wherein it has been averred that Senior Superintendent of Police, Tarn Taran has not recommended the case of the petitioner for the issuance of ex-gratia grant. It has been averred that as per the report of the Senior Superintendent of Police, the son of the petitioner namely Baldev Singh had links with the terrorists and was killed by them due to personal enmity. He was not killed being innocent citizen and hence the petitioner is not entitled to the grant of ex-gratia benefit. Reliance has been placed on Annexure R-1 , which is a report made by the Senior Superintendent of Police, Tarn Taran dated 25th July, 1991, wherein it has been reported that the deceased was having relations with terrorists and he was killed as a result of enmity with them. Apart from the above, the State has also placed report dated 27th November, 1991 (Annexure R-3) by the Senior Superintendent of Police, Tarn Taran, wherein the Senior Superintendent of Police has averred that the petitioner's son was killed by the terrorists due to inter-gang rivalry. In view of the reply filed by respondents No.1 to 3 & 5, the writ petition is disposed of as on the basis of the material placed before us, no case for grant of ex-gratia payment is made out in favour of the petitioner. However, in case the petitioner has any other additional material which can show that the petitioner's son was not involved in terrorists activities and that the petitioner is entitled to the grant of CWP No. 11633 of 2008 3 ex-gratia payment on account of death of his son, he may approach the competent authority for redressal of his grievance. (ASHUTOSH MOHUNTA) JUDGE (RAJAN GUPTA) JUDGE August 21, 2008 'rajpal'