CWP No. 78 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CWP No. 78 of 2007 Date of decision: November 19, 2008 Sarbti Devi --- Petitioner Versus State of Punjab and others ---- Respondents CORAM: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present: Mr. Hitesh Pandit, Advocate, for the petitioner. Mr. BS Chahal, DAG, Punjab, for respondent No.1. Mr. Rakesh Sharma, Advocate, for respondent Nos. 2 & 3. Ashutosh Mohunta, J (Oral). Petitioner's husband namely Hari Ram, who was a Head Constable in CRPF was posted in the State of Punjab. On 14.11.1991 he died in an encounter with the terrorists. Upon his death, the petitioner requested the respondents to release ex-gratia amount of Rs. 2 lacs in terms of the circular Annexure P2. An amount of Rs. one lac was released but the remaining amount has not been paid till date. The petitioner prays for issuance of direction to the respondents to release the balance amount of Rs. 1 lac along with interest. Separate replies have been filed on behalf of respondent No.1 i.e. State of Punjab and respondents No.2 & 3 i.e. Union of India. In the reply filed on behalf of respondents No.2 & 3, it has been averred that it is the State of Punjab, which is responsible for payment of the balance amount of ex-gratia to the petitioner. CWP No. 78 of 2007 2 Counsel for respondents No.2 & 3 has referred to the circular Annexure P-2 dated 4-4-1991. Counsel for the State submits that the Instructions Annexure P-2 stand modified vide instructions dated 26-11-1991 Annexure P-4, according to which Central Government Employees, who are killed by the terrorists during their posting in the State of Punjab, their familles would be given financial assistance by the Government of India and not by the Punjab Government. After hearing counsel for the parties at length, we are of the considered opinion that the circular/instructions, Annexure P2, (according to which it is the State of Punjab, which is responsible to make payment of ex-gratia payment to an employee of central government, who died during terrorist attacks) stands superseded by the subsequent circular dated 26-11-1991 ( Annexure P4), which provides that it would be the Government of India which would be responsible for giving financial assistance to the familles of central government personnel, who are killed in terrorist attacks while posted in the State of Punjab. Accordingly it is the Central Government, which is responsible for releasing the balance amount of ex-gratia to the petitioner. The writ petition is allowed with a direction to respondents No.2 & 3 to release the balance amount of ex-gratia i.e. Rs one lac within a period of three months from the date of receipt of a copy of this order. Since the petitioner has been running from pillar to post for release of balance amount of ex-gratia, we direct respondents No. 2 & 3 to pay the aforesaid amount along with interest @ 12% per annum from the date it became due till its payment. [Ashutosh Mohunta] Judge [Rajan Gupta] Judge November 19, 2008 `ask'