IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 OP.No. 18961 of 2001(G) ----------------------------------- PETITIONER(S): ------------------------ T.K. JASEELA, (W/O.LATE LIEUTENANT NASIR), THAIKANDY HOUSE, THANNADA, CHAA EAST P.O., KANNUR DISTRICT. BY ADV. SRI.C.KHALID, SRI.N.GOPINATHA PANICKER, SRI.P.VISWAMBARAN. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (SAINIK WELFARE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECOTRATE OF SAINIK WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR.P.M. MANOJ. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 18961/2001-G ORDER ON C.M.P. NO.30561/2001 IN O.P. NO. 18961/2001 DISMISSED 01/06/2010. SD/- P.N.RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEATILED CIRCUMSTANCES OF THE DEATH OF LATE LIEUTENANT NASIR REPORTED BY THE LIEUTENANT COLONEL OFFICIATING COMMANDING OFFICER. EXT.P2: COPY OF THE RULES BY G.O.(P)NO.450/99/GAD DATED 29/06/1999 TO THE 1ST RESPONDENT. EXT.P3: COPY OF THE G.O.(MS).573/99/GAD DATED 28/09/1999 THE 1ST RESPONDENT. EXT.P4: COPY OF THE COMMUNICATION NO.303101/SC-00235M/CP/95/A DATED 18/01/2000 THE MAJOR, ADJT FOR COMMADING OFFICER. EXT.P5: COPY OF THE REPRESENTATION ON 18/01/2000. EXT.P6: COPY OF THE LETTER NO.7779/SW3/2000/GAD DATED 06/12/2000 THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------------------- O.P.No.18961 of 2001 ----------------------------------------- Dated this the 1st day of June, 2010 JUDGMENT The petitioner is the widow of late Nasir.K. who died on 10-9- 1999 while in service as a Lieutenant in the Indian Army. On his death the petitioner moved the State Government claiming financial assistance from the Chief Minister's Sainik Welfare Fund. On that application the Government issued Ext.P3 order dated 28-9-1999 sanctioning payment of the sum of Rs.2,00,000/- from the Chief Minister's Sainik Welfare Fund. The petitioner thereafter moved the Government through the Army authorities claiming payment of the sum of Rs.5,00,000/- which is the maximum amount of assistance payable from the Chief Minister's Sainik Welfare Fund. The said request was rejected by Ext.P4 letter dated 18.1.2000. However, the petitioner was informed that she may submit an application for employment assistance to any one of the family members. The petitioner thereafter again moved the Chief Minister by submitting Ext.P5 representation dated 18-1-2000. The Government considered the said request and informed her by Ext.P6 letter dated 6.12.2000 that her request cannot be granted. This writ petition was thereupon filed challenging Ext.P6 and seeking a direction to the first respondent O.P.No.18961 of 2001 -:2:- to disburse a further sum of Rs.3 lakhs from the Chief Minister's Sainik Welfare Fund. The petitioner contends that her husband died while in action on 10-9-1999 in a bomb blast and that under rule 13 of Ext.P2 rules the dependents of defence personnel killed in action are entitled to payment of the sum of Rs.5 lakhs by way of assistance. The petitioner contends that the stand taken by the Government that only victims of Kargil war/Operation VIJAY are paid the sum of Rs.5 lakhs is arbitrary and discriminatory. 2. The respondents have filed a counter affidavit dated 2.6.2008 wherein it is contended that as the petitioner's husband was not killed in action she was not eligible for any assistance. But notwithstanding the said fact, the sum of Rs.2 lakhs was sanctioned to the petitioner from the Chief Minister's Sainik Welfare Fund. It is contended that it is only in cases of defence personnel killed in Jammu and Kashmir that the sum of Rs.5 lakhs is paid as assistance and that in all other cases the amount of assistance is based on the Government's decision. It is also stated that as the petitioner's husband died in Assam State, which is not an operational area, the Government decided to pay the petitioner the sum of only Rs.2 lakhs by way of assistance from the Chief Minister's Sainik Welfare Fund. O.P.No.18961 of 2001 -:3:- 3. The respondents have no case that the petitioner had not submitted an application in the form prescribed in Ext.P2. Along with her application she had also produced an attributability certificate issued by the authorities of the Indian Army. Rule 10 of Ext.P2 rules states that persons who are serving or have served in any rank in the Army, Navy or Airforce and who belong to Kerala by birth or domicile are eligible for assistance from the Fund. Ext.P1 issued by the Commanding Officer of the petitioner's husband discloses that while he was serving as Lieutenant in 177 Artillery Regiment attached to 2 Mountain Artillery Brigade, he was detailed as Commander of Quick Reaction Team to meet the Superintendent of Police, Sibsagar to obtain specific information in respect of the operations carried out by the Police during the morning hours of 10-9-1999, that while on duty for that purpose he suffered injuries in a bomb blast and succumbed to the injuries on 10-9-1999 itself. Ext.P1 conclusively establishes the fact that the petitioner's husband Lieutenant Nasir.K. was seriously injured in the course of active duty in a bomb blast and succumbed to the injuries on the same day, namely, 10-9-1999. Rule 13 of Ext.P2 rules does not state that the maximum amount of assistance is Rs.5 lakhs. On the other hand, it is stipulated that the amount of O.P.No.18961 of 2001 -:4:- assistance granted to the dependents of defence personnel killed in action is Rs.5 lakhs. Paragraph 2 of Ext.P2 states that the fund is constituted for the purpose of providing financial assistance to defence personnel/ dependents of defence personnel who are killed/missing/disabled in action. It is also stated that the death/disability/missing in operation area/field area, due to explosion of mines, booby traps, vehicle accident, accidents during peace time conditions/circumstances of which are identical to activities during operational engagements will also be eligible for assistance from the Fund. On the terms of the stipulations in Ext.P2 it cannot therefore be said that only dependents of victims of Kargil War or dependents of personnel who lost their lives in Operation VIJAY are entitled to be paid the sum of Rs.5 lakhs by way of financial assistance from the Chief Minister's Sainik Welfare Fund. I am therefore, of the considered opinion that the stand taken by the Government in Ext.P6 cannot be sustained. I accordingly allow the original petition, quash Ext.P6 and direct the respondents to disburse to the petitioner the balance sum of Rs.3 lakhs by way of financial assistance. Necessary steps in that regard shall be taken and payment effected within two months from the date O.P.No.18961 of 2001 -:5:- on which the petitioner produces a certified copy of this judgment before the Secretary to Government, General Administration Department. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P.No.18961 of 2001 ---------------------------- JUDGMENT 1st June, 2010