IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8297 of 2009 Date of Decision: 17.08.2009 Sucha Singh Petitioner Versus Sttae of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.S.L.Chander Shekhar, Advocate for the petitioner ….. Jasbir Singh, J.(Oral) This writ petition has been filed to lay challenge to an order dated 5.9.2008, vide which, claim of the petitioner, for ex-gratia grant, on account of killing of his brother by the terrorists, namely, Gurmeet Singh on 27.11.1990, was rejected. Record reveals that this is the third writ petition filed by the petitioner. Admittedly, Gurmeet Singh was married. The petitioner is elder brother of deceased Gurmeet Singh and he was also married, having separate family. There is nothing on record to show that the petitioner was dependent upon Gurmeet Singh. Wife of Gurmeet Singh had not claimed any compensation. As per information supplied, after death of Gurmeet Singh, she solemnized the second marriage. Claim of the petitioner was rejected by placing reliance upon Policy Statement of the Government of Civil Writ Petition No.8297 of 2009 Punjab, which mandates that the compensation, for any death caused by the terrorists shall, first be disbursed to the widow, then to the sons and daughters dependent on the deceased in equal shares, then to grandsons, then to mother and father and thereafter to dependent brothers and sisters in equal share. When order Annexure P7 was passed, this policy was noticed and in view of above, claim of the petitioner was rejected, by observing as under:- “The application of the petitioner is not entitled for grant in any way as per above instructions because the first right for taking the ex-gratia grant is of the wife of the deceased but she had not applied in this office for taking Ex- Gratia grant. Whenever she will apply in this office for Ex- Gratia grant then as per instructions of the Government the Ex-gratia Grant and all other facilities will be provided to her. The relation of the petitioner with the deceased Gurmit Singh is as per the last category ‘f’ as per instructions mentioned above according to which the dependent brothers and sisters are entitled for ex-gratia grant in equal shares. But in this case the petitioner could not be deemed dependent upon his deceased brother Gurmit Singh because first of all the petitioner is elder to Gurmit Singh and is married and the married elder brother and sisters in no way can be dependent upon the younger married brothers because the deceased was also married. As such the application of the petitioner is in no way entitled for grant of Ex-gratia for which the application of the petitioner was filed.” This Court feels that the order passed is perfectly justified. Nothing has been shown to the contrary, on the basis of which, the petitioner can claim any ex-gratia compensation. Dismissed. 17.08.2009 (Jasbir Singh) gk Judge 2 Civil Writ Petition No.8297 of 2009 3