CIVIL WRIT PETITION NO.2419 OF 2002 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: APRIL 09, 2008 Harbans Singh .....Petitioner VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Saurabh Garg, Advocate for Mr. K. S. Dadwal, Advocate, for the petitioner. Mr. G. S. Attariwala, Addl.A.G., Punjab, for the respondents. **** RANJIT SINGH, J.(ORAL) The petitioner claims himself to be a victim of riots during 1984 while he was working in the State of U.P. He has filed the present writ petition, praying for grant of ex-gratia grant payment in terms of the scheme formulated by the Punjab Government. It is claimed that wife of the petitioner was killed in the communal riots erupted on 6.11.1984 due to assassination of Mrs.Indira Gandhi. The petitioner himself also suffered a gun shot injury and was CIVIL WRIT PETITION NO.2419 OF 2002 :{ 2 }: admitted in Bharat Heavy Electricals Limited (Medical Department), Ranipur, Haridwar on 5.11.1984 and was discharged on 7.11.1984. Thereafter, the petitioner claims to have migrated to the State of Punjab and had approached the Punjab Government for grant of relief as was being given to other riots victims during 1984. The petitioner filed this writ petition in the year 2002, when his request for grant of ex-gratia in terms of the policy formulated by the Government of Punjab was not granted. Learned counsel for the petitioner relies upon the policy formulated by the State of Punjab, reference to which is made in the reply filed on behalf of respondent Nos.1 to 4 by the then Deputy Commissioner, Hoshiarpur. The petitioner would make out his case on the basis of Clause iii of the eligibility rules, which reads as under:- “iii. Disabled Sikh migrants whose physical disability rendered them incapable of earning livelihood.” The record has been perused. It shows that there is no disability certificate on record, which would show the disability suffered by the petitioner. Accordingly, the physical disability, which is canvassed as the main ground for grant of ex-gratia payment, can not be made out from the documents on record. It is also noticeable that mere physical disability alone is not sufficient ground for grant of ex-gratia payment for financial assistance. Such physical disability has to be one, which has rendered the person incapable of earning the livelihood. There is no evidence on record if the petitioner suffered any disability, which rendered him incapable of earning CIVIL WRIT PETITION NO.2419 OF 2002 :{ 3 }: livelihood. The case set up by the State also is that the petitioner so far has not made any representation to the Government for grant of any financial assistance or ex-gratia payment. However, it is made out from the record that the petitioner indeed suffered a bullet injury, for which he remained admitted in the hospital for two days. It is also claimed by him that his wife died on account of the riots. The petitioner, however, has not placed sufficient material on record, which is relevant for passing any appropriate order. It would accordingly be appropriate for the petitioner to file a detailed representation before the Government, giving all the grounds on which he wishes to seek financial assistance or ex-gratia payment from the Government of Punjab. That representation would contain the disability, if any, suffered by the petitioner or other such grounds, which are available to him. In case the petitioner files any such representation within two month from today, the same shall be considered by the Government within a reasonable time and in case anything is found due, the same may be released to the petitioner. It is made clear that no opinion on merit is expressed by this Court and the Government would be at liberty to take any decision on the merit of the claim raised by the petitioner. The writ petition is accordingly disposed of. April 09, 2008 ( RANJIT SINGH ) khurmi JUDGE