THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.4406 OF 2002 Dated 14th September, 2009 Between: T.Sattemma …Petitioner And Government of Andhra Pradesh rep. By Principal Secretary and another …Respondents The Court made the following O R D E R: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of the respondents in not extending the benefits of G.O.Ms.No.189 dated 30.06.1999 to the army men who died in battle field in Operation Rakshak, which is subsequent to Operation Vijay, as arbitrary and illegal, and consequently direct the respondents to allow the cash grant and other benefits as contemplated by the aforesaid G.O to the petitioner on account of the death of her son in the battle field in connection with Operation Rakshak. The case of the petitioner is that her son worked as Signal Man in Indian Army and he died in Operation Rakshak while on duty in the Jammu and Kashmir Sector. The first respondent through its Saink Welfare Department has notified certain benefits and concessions through the above referred to G.O to the family members of the Indian Armed Forces who belong to Andhra Pradesh, who were killed in action/disabled in action in Operation Vijay in Kargil region of Jammu and Kashmir. The case of the petitioner is that Operation Rakshak is equivalent to Operation Vijay, through which, the land regained under Operation Vijay is protected; that the members of the Army, who were stationed in Operation Rakshak, were made to stand in a more closer position from the point of nearness to the Army of Pakisthan and that the participants of Operation Rakshak were exposed to greater element of threat and risk than in Operation Vijay. The grievance of the petitioner is that though Operation Rakshak is equally an important step after success of the Indian Armed Forces regaining the land from the Pakisthan, as such there is discrimination on the part of the first respondent in not extending the benefits under the above referred to G.O to the Armed Forces of Operation Rakshak. It is not in dispute that G.O.Ms.No.189 dated 30.06.1999, is a notification notifying certain benefits to the families of the members, who were killed in action/disabled in action in Operation Vijay in Kargil Region. Although it is an unfortunate case where the son of the petitioner died in Operation Rakshak, but in the absence of any notification notifying the benefits under the G.O referred to above to the members of Operation Rakshak, it is not open to the petitioner to plead discrimination on the ground that facilities and concessions were notified only for the family members of the Armed Forces, who were killed or disabled in Operation Vijay. The Armed Forces, who participated in Operation Vijay, constitute a separate class, who fought for the national cause, and whether even for the Armed Forces , who took part in Operation Rakshak, the benefits and facilities are to be notified or not is for the Government and the families of the Armed Forces in Operation Rakshak cannot compare themselves with the families of the Armed Forces in Operation Vijay so as to plead discrimination under Article 14 of the Constitution of India. For the reasons stated above, I do not find any ground to grant any direction, in this writ petition, as prayed for. The writ petition is, accordingly, dismissed. No order as to costs. ____________________ R.SUBHASH REDDY, J Dated 14th September, 2009 vrn