RSA No.2387 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.2387 of 2008 Date of Decision: 20.10.2008 Parminder Singh .....Appellant Vs. State of Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Y.M. Bhagirath, Advocate for the appellant. .... RAJIVE BHALLA, J The appellant challenges the judgements and decrees dated 5.2.2007 and 8.2.2008 passed by the Civil Judge (Junior Division), Ropar and the Additional District Judge, Rup Nagar, respectively, dismissing his suit and the appeal. The plaintiff-appellant Parminder Singh filed a suit, praying for grant of compensation, payable under the Punjab Government Policy/Instructions laid down in letter no.8/69/89/RR-II/10344 dated 7.5.1990 and another letter dated 8.7.2002 on the ground that the above instructions/letter provides for ex-gratia payment to next of kin of innocent civilians killed by terrorists. The learned trial Court dismissed the suit by holding that the appellant did not fall within the category of next of kin referred to in the aforementioned instructions. The first appellate Court dismissed the appeal and upheld the findings recorded by the trial Court. RSA No.2387 of 2008 2 Counsel for the appellant submits that the judgement and decree dated 9.2.2002 has been passed in his favour, with respect to the service benefits of Tarlochan Singh. The concerned officer has issued a dependency certificate dated 2.6.2000 in favour of the appellant. As a result, the Courts below committed an error in refusing the grant of ex- gratia payment to the appellant. I have heard learned counsel for the appellant and perused the impugned judgements and decrees. The Government of Punjab, Department of Relief and Resettlement vide Memo No.8/69/89-RR-2/10344 dated 7.5.1990 Ex.P-16 prescribed the scales of relief to be granted and enumerated the persons, who would receive ex-gratia payment in case of a civilian, killed by terrorists. The beneficiaries of such an ex-gratia grant are : i) Widow/widower; ii) Sons and daughters dependent on/serving the deceased in equal share; iii) Grandsons and grand-daughters dependent on/serving the deceased in equal shares; iv) Mother; v) Father; vi) Dependent brother and sister in equal share. As held by the Courts below, the appellant does not fall in any of the above categories. He is a nephew of the deceased. The judgement with respect to service benefits decreed in favour of the appellant and the dependency certificate would not confer any right upon the appellant to RSA No.2387 of 2008 3 receive ex-gratia payment. The policy, provides for payment to the categories enumerated above and admits to no exception. The appellant's claim was, therefore, rightly rejected by the Courts below. The impugned judgements and decrees do not suffer from any error of fact or of law, as would require interference. As no substantial question of law arises for consideration, the appeal is dismissed with no order as to costs. 20.10.2008 (RAJIVE BHALLA) GS JUDGE