IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4465 of 2010 CHUNNU DEVI W/O LATE NAYAK SUSHIL KUMAR R/O VILLAGE – PRYAG BARI, P.O - BAGHA KHAL, P.S - AURAI, DISTRICT - MUZAFFARPUR. Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF DEFENSE, SOUTH BLOCK, NEW DELHI 2. THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF DEFENSE, SOUTH BLOCK, NEW DELHI 3. THE DIRECTOR GENERAL OF SIGNAL GENERAL STAFF BRANCH, INTEGRATED HEADQUARTER, M.O.D. ARMY D.H.Q, P.O. , NEW DELHI 4. THE DEPUTY ASSISTANT ADJUTANT AND QUARTER MASTER GENERAL, HEADQUARTER- 2, SIGNAL GROUP , C/O 56 ARMY POSTAL OFFICE , NEW DELHI. 5. THE RECORD OFFICER FOR O.I.C.RECORDS, SENA SEVA CORPS ABHILEKH (SOUTH), A.S.C. SOUTH RECORDS, BANGALORE. 6. THE CHIEF RECORD OFFICER O.I.C. RECORDS, NEW DELHI For the Petitioner : Mr. V. K. Singh, Advocate. For the Union : Mr. Shiv Kumar(CGC), Advocate. ----------- 03. 05.04.2010 Counsel for the Union of India has filed counter affidavit, which is taken on record. 2. Heard learned counsel for the petitioner and the Union of India. 3. Petitioner is the widow of late Nayak Sushil Kumar, who served 15 National Rifle, Garhwal. She has filed this writ application questioning the correctness of the order dated 19.5.2009, Annexure-5 passed by the Lieutenant Colonel, Chief Record Officer, whereunder request of the petitioner for grant of ex gratia amount of Rs.7.50 lakhs has been rejected with reference to the provisions of Clause-7(b), (c) of Appendix attached to Government of India, Ministry of Defence letter No.0(1)/98-D(Pay/Services) dated 22.9.1998. 4. It is submitted on behalf of the petitioner that instructions contained in the aforesaid letter dated 22.9.1998 for payment of ex gratia amount of Rs.5 lakhs has been 2 modified under corrigendum dated 3.8.1999, Annexure-4, whereunder the amount of ex gratia has been revised from 5 lakhs to 7.50 lakhs and in the light of the provisions contained in the letter dated 3.8.1999, Annexure-4 petitioner is entitled to payment of Rs.7.50 lakhs in stead of Rs.5 lakhs. 5. From the counter affidavit it does not appear that the instructions of the Government of India contained in letter dated 22.9.1998 has not been modified by enhancing the ex gratia amount from Rs.5 lakhs to Rs.7.50 lakhs under corrigendum letter dated 3.8.1999, Annexure-4. 6. In the circumstances, I set aside the order of the Lieutenant Colonel, Chief Record Officer dated 19.5.2009, Annexure-5 and direct the respondent concerned to make payment of Rs.7.50 lakhs as ex gratia amount to the petitioner. earlier petitioner has already been paid Rs.5 lakhs, as such, the balance amount of Rs.2.50 lakhs be paid to her as early as possible, in any case within four months from the date of receipt/production of a copy of this order. 7. Petitioner has further requested for quashing the order contained in letter dated 19.7.2008, Annexure-6, whereudner request of the petitioner for payment of ex gratia amount by the Government of Jammu and Kashmir has been rejected on the ground that there is difference in the nature of injury as indicated in the death certificate and the injury report of the husband of the petitioner. From the counter 3 affidavit, however, it does not appear that there is any dispute that husband of the petitioner suffered injuries at the hands of the extremists while he was posted at Leh in the State of Jammu and Kashmir on 25.8.2007, wherefrom he was shifted to Jabalpur for treatment and from there he went to Bhatinda in Punjaband finally he succumbed to the injuries in the hospital at Delhi. There may be some difference in the nature of injury indicated in the death certificate and the injury report but the fact that husband of the petitioner suffered bullet injury at the hands of the extremists is not in dispute. He may not have died instantaneously but it cannot be disputed that husband of the petitioner died on account of injuries suffered in the operation mounted against the extremists. Accordingly, petitioner is entitled for payment of ex gratia amount also from the Jammu and Kashmir Government and order to the contrary contained in letter dated 19.7.2008, Annexure-6 is quashed with direction to the authorities to ensure payment of ex gratia amount to the petitioner as early as possible, in any case within four months from the date of receipt/production of a copy of this order. 8. This writ application is, accordingly, allowed. Rajesh/ ( V. N. Sinha, J.)