442 Y 1WP No6301of2008 1 IN TlilE IIIGII COURT OF PUNJAII AND HARYANA AT CIlAND1GARII e DATK OF DEClSION201 12009 SmtSantosh Petitioner m VERSUS 0 Union of lndia Si Others C X 0 X 4 CORAM lIONBUll MRJUSTICE PERMOII KOHLl PRESENT2 MiRN ShannaAdvocatc for thc pctitioncr X 1 SinghAdvocatc for no 1 and 2 0 Mruresh MongaSrOAG I Iaryana for no cQ4 P 9 Pcrmod Kohli J Orall 1Iusbandof lhe petitionerilamclySubhashChanderwas a Ilavaldar workingin NoO and was postcdon ine of Conlrol in thc Stateof Jammu and Kashinir On 31 1 005 the was informed about thc dcath of her husband causcd on 2 l l l005 A communication datcd 2 l l 2005 was also sent to thc pctilionerOolll CoKirpal Singh Ofllccr of thc Unit A similar coinmunication dated 4 l l 2005 wiis rcccivcd by thc pctitioncrfrom PankajGuptaOfOciating Comnland 0Olccr 1812 1ght RcgiIncntwhich was followcd by anothcr COllllllUllicallOll datcd 131 22005 from lGcncral CharanjitSinghDireclor Pooja 2014.04.07 16:31 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 443 r CWP No6301of2008 2 94 General 0 Coloncl Commandant of Artillcry These COilltllUnlCatlOns wcrc followed by communications from thc Statc of Ilaryana andother ArmyAuthoriticsCopies of thc same have bcen placcd on rccord as Anncxurc Pml Colly1 It is thc casc of thc pctitioncr thatshc WaS infonnedthat hcr husbanddicd duringthc Karma whilc hisdulyon thcLinc ofControl iil thc Gorcz Seclor in Kashmir W 0 and he was a Martyr 111cbodyof lhe dcccascdhusbandof thc 0 C was broughl to thc Villageand consigncdto fire The crcmation was I attcndcd by Additional DeputyCominissioncr Dcputy of C Policc with full militaryhonour Thc pctilioncrwas informcd vide Iettcr dated201 l 2005 lnnexure 121 froin llGcnAS13ajwaCommandant a and Coloncl Commandant School of ArtillcryDevlali that hcr husband J cxpircdsuddcnlyAccordingto thc her husband died wh i le I a5 the natloll andbeingpostcd in Gorcz Scctor and beinga Mtyr dicd in harnesswhilc dcfcnding thc nation hc pctitioner was cntitledto be 7 Z trcatedas MartyrsWidow and as also other bcnefitswhich are 0m payablclo thc MartyrsWidow undcr various Govcrnlnent instructions The petitioncr has rclied upon Govcrnincnt Instructionsdated 30 1999 and 1562001 Anncxurcs P3 and P41 as also thc Govcrnmcnt of India Ministry of Defencc instructions issucd vide lettcr dated 229 1998 Ce Annexure P51 The petitioner made a requcstto lhe to treat hcr husband as Shaheed The requestwas however rejected vide letter datcd 18006 lnncxurc P 1nthis Icttcr it was communicatcd to the pctitioncr that her husbandwas pcrfomlillg his dutyOll Iine ofControl On November 2 2005 her husbandcomplaincdof feelingcold He was advised to takc rest and hc slcpt in his Morcha At around 9A5 whcn his Pooja 2014.04.07 16:31 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 444 r CWP No6301of2008 3 1 tried to awakc him up thcyfound hiin unconscious The tommand OOlccrarrangcdfor his trcalmcnt throughIIclicoptcr and a doctor was sctlt for his trcatment At 1035 he was brought down whcrc hc was dcclarcddead llis posnorlem was conductcdand causcofdeath was found hcart attack It is howcvcr adinittcdthat duc to wrong infonnation of thc Unit hc was dcclarcd Shallccd lt is slatcdthat 1 Stncc hcdicd duc to hcarl attack his dcalh has bcen considcrcdin gcneral 0 C of thc aforesaid dcclaralion the served a Icgalnoticc datcd2862007 P71 which too hasbeen rejcctcd by C5 Z noA vidc Icttcr datcd 31 82007 Inncxurc P89 Thc has thus fllcd this pctitionseeking a dircclion that thc Iiusbandof the Z 1 be dcclarcd as a Martyr andthc be eegratia 2 andothcr bcnclits availableunderthe Shahccc calcgory In scparatcreplicsfilcd by no l and 2 and 3 8e 4 1 it is statcd that thc dcath 01 lhc dcccascd husband of the was duc to Myocardial InfarctionIcading to Cardiac Arrest and it docs not fall in any 0the catcgorics qualilyingfor cgratia amount as 2m4 as Martyrswidow hc furthcr stand of lhc is that allcr thc dcath of husbandof thc pctitionera court 01cnquirywas ordcrcd into the cause of thc deathand thc court of cnquiryrcturncd a Ondingthat it was a deathduc to hcartattack C Thc solc question which necds to bc considered is whether thc dcath ofthc husbandofthe pctitioner falls in any ofthe notiOedbythe Govcrninent whcre undcr the pctitioncris cnlitled to any exgratla amount or any othcr benellt Thc pctitioncrhas rcl ied upon threc government policicsAnncxurcs I3 P4 and IS9 Anncxurc P3 is the policydatcd Pooja 2014.04.07 16:31 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 445 0 WP No6301 of2008 4 3099 issu6dby lhc Governmentof IIaryanahc relcvantporlionof the aforesaidpolicyrcadsas undcr e4laryana Govt has dccidcd hat wilh cffcct froin 141999the familics of thc DcfcnceServiccsPcrsonncl and of Para Mlitary Forccs who die in harncss in the of thcir bonaflde official duticswhi Ic scrvingin likc 0 Kargiland othcr sectorsshall be Rs10 Iacs for all C X namcly Oll lccrs Junior Colnmissioncd C5 Z Offlcersand other ranksand to the disabled as explained undcr for all uponthe perccntagcof Z disability as assesscd by concerncd authorilies of thc fact whcther theyare rctained as X welfarc measurc or boardcdout 51 clj 0 Thc aforcsaid policywas followcd by policy datcd 156001 vm 1AnncxurcP41 which readsas undcr Z 1 XXX XXX xxx 0 a9A Rcward Mncy of Rs21cnIacin recognilion of acts of bravcry and sacrificc would bc paidto thc faillilics who dic duringan cnemy action in lntcrnational Ce War or suchwar Iikccngagementswhich are notiOed bv the Ministryofdefcnce Govt ofldia This would bc in addition to whatcver gratia relief IS adinissiblc undcr Govt of India instructiOllS bl13xgratiawill bc admissibic to thc families of those dcfcncc personnclwho hail from 1Iaryanaand gct kil Icd Pooja 2014.04.07 16:31 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 446 CWP No6301of2008 5 4 ill militantcncounlcrs and declaresas battlecausalitiesas pcr amounts givcn 111 AnncxurcA and conditionsof cligibilitygivcnin AnnexurcB 11 ln thc flrst policyll lS providcd that cxgratia be paid to the fainilics of thc dcfcncc scrvicc pcrsonncland para militaryforccs who dicd in harncssin of thcir bonaOdc ofOcial dutieswhilc 1 r SCtVing in like Kargiland othcrscctors In thc policy 0 lctter such bcncOts arc payablcto such of the officials who earned C I recognition ofacts ofbravcrygallantry and sacriOcc and who dicd during C5 I an cnemyaction in IntcrnationalWar or such war like engagementswhich r Z are notifiedby thc Ministryof7ielcnceGovt of India Such cxgratiais also admissibleto fainilicsofIOcfcncc personnel who hails from r Ilaryanaand gct killcd in militanl cncountcrsand is declared as battle I 08 causalitics Similar instructionshavc bccn issucd by thc Govcrnincntof India vide its Ietter dated 2291 998 whcrcin a different kind of 7 hasbcenprovidcdundcr following catcgorics Z 64 al Deathoccurring duc to accidcntsin thc coursc of Il of dutics 1500 lakhs bIIOcath occurring in thc coursc of of duticsattributable C to acts of violence byterroristsantvsocial clcinentsctc 500 Lakhs cJDeathOccurring during cncmyaction ln international wal Ol bordcr skinnishcs and iil aclion againstmilitants terrorists cxtrcmisls ctc 1730 Iakhs Pooja 2014.04.07 16:31 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 447 1 1 CWP Noh301 of2008 6 I havchcardIearnedcounselfor thc parties No doubt lhe husband was postcdat 130rdcr111a reInotcarca and was mcinberof the Karma but he dicd on accou nt of heartlallurcwhilc hisdutyin Gorez Scctor which is known as a coldestplaccAt the linlc of hisdeath thc pctitioner was not cngagcd in any militaiyaction though pan of lhc Opcration Karma and postcd at thc Morcha Thc cntirestandof the 1 that hc died of hcart atlack Thc fact that hc was partof the 0 Unlt and was postcdat the Ine of Control in a Morcha is not CaO Z Thoughhe did not dic in an cncounter or in the battle but he was C5 X Ill thc battlc flcld I Iis case is howcvcr tlOl covcredby thc Govcrnment instructions issucdby the Ministryof Dcfcncc lnnexure la51whcreby the Z cxratla is attributableto acts of vlolcncc by the terroristsand antl nalionalclemcnts and duringenemy action in international war or border X sk irinishcs and action agaiilstinilitailtsllcrroristslcxtremists Thc cascof thc 05 CO husbandof thc pctitioncr also docs not fall undcr thc Govcrnment 4r A7 instructionsdatcd 1562001 I Iowevcr thc Govcrnlnent instructionsdatcd Z 3081999 providcs for to thc falnilics of dcfcncc L1 pcrsonncl who dicd in harnessin thc pcrlormancc 01thcir bona lldc official dulicswhilc scrvingin opcrationIikc Karma and was posted at the Iinc of Control in a Nlorcha Hc was performing a bona Odc ofOcial dutyand died in harncss while pcrfomling such duty It is also adinitted e positionthat hc dicd due to scvcre cold in the arca Such a situationcannot be divorced from the of thc bona f1dedutylt is not necessary lhat he should dic bya bullct of the cncmy or on account ofany iojuryor olhcr faclor Allolhcr aspcct of llle inaltcr which cannol be ignoredis that thc Govcrnmcnt of India instructions cvcn providcsfor payincnt of Pooja 2014.04.07 16:31 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 448 r CWP No6301 of2008 7 wheredcathoccurs duclo accidcntin course of duty he accident doesnot mcan onlyvclucularaccidcnt but has wider connotati Oll e It can bc of any kind of accidcnt hc husband suffcrcdon account of scvcrc cold whilc his dutyand thus his casc falls within thc purvicwofgovcrnincnl instrLictionsdatcd3091999 ln vicw ofthc isdisposcd of with a dircction to 1 C thc lhat thc pclitioner bc paidcxlratia in tcnns 0 of thc governmcntlllstructions datcd30 1999 lncxure P within a 0 pcriodof threc inonths from thedatc of rcceiIot of a ccrtiOedcopy of this C5 I order Z PERNIOD KOHUl 4e Z JlJDGE 06 200112009 Oo MFK l lliOTEWhcthcr to berefcrredlc Rcportcr or notlYES Z A rl 1 t 61 Pooja 2014.04.07 16:31 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document