-1- Civil Writ Petition No.19768 of 2006. IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: February 07,2008. Balbir Singh Antil ... Petitioner VERSUS Union of India through Secretary, Ministry of Home Affairs, New Delhi and others ... Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA. HON'BLE MR. JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr.D.S. Rawat, Advocate, for the petitioner. Mr. Ashwani Bansal, Advocate, for the respondents. -.- MOHINDER PAL, J. In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari, thereby quashing the order dated -2- Civil Writ Petition No.19768 of 2006. January, 2005 (Annexure P-2) whereby claim of the petitioner for fixation of family pension by considering his deceased son as a Sub Inspector was rejected. The petitioner has also prayed for issuance of a writ in the nature of mandamus directing the respondents to fix the family pension of the petitioner considering his son as Sub Inspector with all consequential benefits and for payment of other ex-gratia benefits. Brief facts of the case are that Mr. Ravi Antil, son of the petitioner, was serving as a Constable in the Central Reserved Police Force (for short `CRPF') since October 11, 2000. He was a National player of Kavaking and won several medals in the National Kavaking and Canoeing Championships and All India Police Water Sports Championships. On September 17, 2002, when he was practicing in Sukhna Lake, Chandigarh, his boat overturned and he died of drowning. The respondents, as per the Sports Policy to give incentives like promotions etc. to distinguished sportsmen, promoted the son of the petitioner to the rank of Sub Inspector vide order dated January 07, 2003, with effect from December 01, 2001. However, family pension in respect of Mr.Ravi Antil was fixed treating him as a Constable. The respondents rejected the claim of the petitioner on the ground that as his son could not take over the charge of the post of Sub Inspector, so the petitioner was not entitled to family pension of the post of Sub Inspector. -3- Civil Writ Petition No.19768 of 2006. Notice of motion was issued to the respondents. In the written statement filed by them, the stand taken is that since promotion order was issued after the death of Mr. Ravi Antil and he had, obviously, not taken over the charge of the post of Sub Inspector, his pay was not fixed in that rank. It has also been pleaded that as per chemical report, liver, kidneys, blood etc. of the deceased contained organ of phosphorus, a group of insecticide, which shows that due to its consumption he had become unconscious, imbalanced his boat and died of drowning. We have heard Mr.D.S. Rawat, Advocate, appearing for the petitioner and Mr. Ashwani Bansal, Advocate, appearing for the respondents and have gone through the records of the case. Son of the petitioner was promoted as Sub Inspector vide order dated January 07, 2003, from retrospective date i.e with effect from December 01, 2001. He died on September 17, 2002. In the written statement regarding delay in the promotion of petitioner's son, it has been stated as under:- “ The promotion case in respect of Ct/Gd Ravi Antil was under consideration prior to his death keeping in view his achievement in sports events and as per existing practice a lot of time is being taken for finalizing promotion cases by the -4- Civil Writ Petition No.19768 of 2006. Departmental Promotion Committee due to one and other reasons. Unfortunately promotion case in respect of said Constable was finalized after his death by the Dte. Genl. CRPF vide letter dated 7/1/2003 and he could not be physically promoted to the rank of SI/GD.” Admittedly, son of the petitioner, being a distinguished sportsman, had become eligible to be promoted as Sub Inspector with effect from December 01, 2001. However, the order promoting him to the said post was issued on January 07, 2003, giving him promotion from the date when he became eligible. If the Departmental Promotion Committee delayed the promotion and took such a long time, the delay cannot be allowed to put the petitioner in disadvantageous position in respect of the family pension. When as per order dated January 07, 2003 son of the petitioner had been given promotion as Sub Inspector from retrospective date i.e December 01, 2001, he would be deemed to be working as Sub Inspector and discharging the duties as Sub Inspector from December 01, 2001 though he died on September 17, 2002. The respondents should have released the family pension to the petitioner by considering his son as Sub Inspector, particularly when he had brought laurels to the CRPF with -5- Civil Writ Petition No.19768 of 2006. his following achievements:- “ (a) Won Bronze in XXXI National Games held in Punjab from 19.11.2001 to 01.12.2001 in K-1 (Men) event; (b) Won Silver Medal in in XXXI National Games held in Punjab from 19.11.2001 to 01.12.2001 in K-1 (100 meters) event; ( c ) He was placed in first position in K-1 event of 1000 meters in the National Kavaking and Canoeing Championship held at Bhopal from 20.03.2002 to 23.03.2002; (d) He was placed in second position in K-1 event of 5000 meters in the National Kavaking and Canoeing Championship held at Bhopal from 20.03.2002 to 234.03.2002; (e) He stood first in the Kavak-I, 200 meters event at 1st All India Police Water Sports Championship held at Sukhna Lake Chandigarh from 20.04.2002 to 01.05.2002; (f) He stood second in Kavak-1 500 meters at 1st All India Police Water Sports Championship held at Sukhna Lake Chandigarh from 28.04.2002 to 01.05.2002; (g) He stood second in Kavak-II 500 meters -6- Civil Writ Petition No.19768 of 2006. at 1st All India Police Water Sports Championship held at Sukhna Lake Chandigarh from 28.04.2002 to 01.05.2002; and (h) He stood third in double scull 500 meters at 1st All India Police Water Sports Championship held at Sukhna Lake Chandigarh from 28.04.2002 to 01.05.2002.” So far as ex-gratia grants are concerned, the same have been denied to the petitioner on the ground that his son had committed suicide. In the impugned order, it has been mentioned that “as per post mortem report and police investigation the deceased had committed suicide. Therefore, ex- gratia is not admissible in his case”. This finding is debatable, but at this stage and in the present context, we would refrain from touching this aspect of the matter. Suffice to say that the competent authority should have taken into account all the evidence, both direct and circumstantial, while deciding on the entitlement of ex-gratia grants to the petitioner. Except the fact that son of the petitioner was practicing in Sukhna Lake, Chandigarh when his boat overturned and he died of drowning, no further material should have been considered by the competent authority for granting ex-gratia benefits to the petitioner. For the aforesaid reasons, this petition is allowed, the impugned order dated January 2005 (Annexure P-2) is set -7- Civil Writ Petition No.19768 of 2006. aside and the respondents are directed to release the family pension to the petitioner by considering his son to be a Sub Inspector with all consequential benefits. The pay of petitioner's son be fixed as Sub Inspector with effect from December 01, 2001, and arrears of pay upto September 17, 2002, i.e the date of death of petitioner's son, be paid to the petitioner. The respondents are further directed to release ex-gratia grants which are admissible to the petitioner. All the arrears shall be paid to the petitioner within two months from the date of receipt of a copy of this order, failing which he will be entitled to interest at the rate of nine per cent annum. ( HEMANT GUPTA ) ( MOHINDER PAL ) JUDGE JUDGE February 07, 2008. ak