JAWAHAR LAL GUPTA - (1.) THE petitioner is an unfortunate widow.
(2.) Her husband was a member of the Armed Forces Medical Corps (Dental Wing). He was deputed to attend a conference. On his way back, he met with a road accident on December 25,1999 which proved fatal. He died instantaneously. The petitioner claims that she is entitled to the grant of benefits under the provisions of the Administration of Punjab War Heroes Families Relief Fund Rules, 1999. Her representations having met with no success, she has approached this Court through the present writ petition with a prayer that a writ of mandamus be issued directing the respondent -State of Punjab and others to grant her the admissible benefits. The State of Punjab contests the petitioner's claim. It had been pleaded that the "family members of only those martyrs are eligible for these benefits whose death occur on or after 1st January, 1999 in the specified area of operational responsibilities due to enemy action......". It has been further stated that when a person dies in enemy action while performing his duties, the death is termed as a Battle Casualty. In the present case the Army authorities have notified the "death of Capt. Davinder Pal Singh as Physical Casualty. Therefore, the case of the petitioner is not covered under the present policy of the State Government......"
(3.) COUNSEL for the parties have been heard. Mr. Dhindsa, learned counsel for the petitioner contends that in terms of the rules framed by the State Government, the benefit, as claimed by the petitioner, is clearly admissible.;