- (1.) Petitioner, in person, has filed the writ petition in which he has claimed that he is registered migrant of 1984 riots who migrate to Punjab after riots of 1984 from Delhi. In the petition, he has alleged alleged that some members of his family were killed and his house and property was reduced to ashes. Apart from other benefits,the petitioner has claimed that he is also entitled to adhoc relief pension of Rs. 1000/- per month which is being given to every migrant of Punjab. An averment was also made that ad hoc relief pension was given to the petitioner, but was stopped by the respondent.
(2.) When the matter came up before the Divisional Bench for motion hearing, the petition was admitted and the flowing order was passed. "The respondents are directed to release the pension of the petitioner forthwith with interest of 18% per annum from the date it is due till the date of payment as he was receiving prior to stoppage." The interim order was challenged by the State before the Suprme Court and the Special Leave Petition was dismissed with the following observation :- "The High Court has, as an interim measure, given a pension of Rs. 1,000/- to the respondent who is a 1984 riot migrant. We see no ground to interfere with the interim order. We, however, request the High Court to dispose of the writ petition within two months from today. Special Leave petition is dismissed." When the writ petition came up for regular hearing on 23.9.1992 R.S. Mogia, J directed the petitioner to make a detailed representation to the Secretary, Relief, Settlement and Rehabilitation Punjab for claiming financial assistance under the grant of Financial assistance to the victim of Riots/Terrorists Rules, 1985, as amended upto date. In pursuance of this order, a representation was made by the petitioner, which has since been disposed of by the Deputy Commissioner, Rupnagar, vide order dated 17.11.1992. It is appropriate at this stage to reproduce the entire order vide which representation of the petitioner was rejected. The same is as follows :- "Whereas Shri Surindra Singh son of Shri Ranjit Singh resident of village Badali, Tehsil Kharar, District Ropar, has migrated from New Delhi on account of November 1984 riots on 25.11.1984. Whereas Shri Surinders Singh applied for the issuance of Red Card under the policy of the State of Punjab, issued vide No. 1/4/85-RR-Cell/15359 dated 13.12.1985 on 16.12.1985. Whereas Shri Surindera Singh was issued Red Card No. 441 on 9.1.1986 by the Deputy Commissioner Ropar. Whereas Shri Surindera Singh is freedom fighter and he is in receipt of pension 750/- per month as such under PPO No. 12817/FF/Gent. of the Government of India through the State Bank of India, Sector 17, Chandigarh as have been cerborated by letter dated 10.8.1992 of the Bank to the address of sub-Divisional officer (Civil) Kharar (Rupnagar). Whereas Shri Surindera Singh is also in receipt of pension @ Rs. 300/- per month as Freedom Fighter from the Government of Punjab against PP No. 1011/RF/Punjab through the District Treasury, Rupnagar. Whereas the State Government of Punjab through its instructions issued No. 12/330/3SW/85/9413 dated 18.11.1985 by the Department of Social Welfare, Punjab Chandigarh grants subsistence allowance at hear rate of Rs. 250/- per month from the date of killing and interim of Memo 8/259/90-RR-II/10778 dated 10.5.1990 by the Department of Relief and Resettlement Punjab @ Rs. 1000/- per month from 1.5.1990 onwards in respect of the following categories of sikh migrants :- i) Sikh migrant orphans who have no earing member of help them and have no means of livelihood; ii) Sikh migrant destitute who have no earning members to help them and have no means of livelihood; iii) Disables Sikh migrants whose physically disability rendered them incapable of earing livelihood; iv) Sikh migrant/widows who lost their bread-winners during the period from 3.10.1984 to 7.11.1984 (both days inclusive) in the riots following the assassination of Prime Minister Mrs Indira Gandhi. Whereas Shri Surindera Singh applied for pension to the Government of Punjab referred to Supra, he was not sanctioned (Subsistence allowance). by the Sub-Divisional Officer, Kharar Kharar/Deputy Commissioner, Rupnagar. Whereas Shri Surindera Singh agitated the matter in Civil Writ Petition No. 9681 of 1991 in the Hon'ble Court of Punjab and Haryana at Chandigarh. Whereas the Hon'ble High Court decided on 23.9.1992 as under :-
(3.) The petitioner in the present case is claiming financial assistance under the grant of financial assistance to the victims of riots/terrorists rules 1985 as amended upto date. Without going into merit of the case, I consider it appropriate at this stage to direct the petitioner to make a detailed representation to the Secretary Relief and resettlement and Rehabilitation Punjab claiming financial assistance duern the above quoted rules within a week from today. The Secretary Relief and Resettlement and Rehabilitation, Punjab may himself decide the representation within six weeks from the receipt of the representation by passing a speaking order. It will be oope to secretary to forward the representation to the authority to decide the same with an indication to said concerned authority that the representation is to be decided within the stipulated period as mentioned above. Let the order on representation be produced in this court on 23.11.1992 to which date this case stands adjourned. Copy of order attested by my Reader be given dasti to counsel for the parties. Sd/- R.S. Mongia, Judge. September 25, 1992. Whereas Shri Surindera Sigh made an application dated 29.9.1992 to the Secretary Relief and Resettlement, Punjab Chandigarh. Whereas the Director-cum-Joint Secretary, Deptt. of Relief and Resettlement has intimated that the Secretary, relief and resettlement, Punjab, has desired that the speaking orders in this case be passed by the Deputy Commissioner, Rupnagar.;