- (1.) The petitioner is a war veteran having been wounded grievously while on duty guarding the national borders and he seeks for a Court's intervention for an allotment of distributorship of Indian LPG Gas awarded to the 4th respondent. The claim was in a category of Army personnel that extended the benefit also to "dependents" of Army personnel. The petitioner would state that the 4th respondent does not qualify as a 'dependent' on his son, who had died while on duty as a Army personnel, since he was himself drawing a pension of Rs.30,000/- which is now increased to Rs.50,000/-, he having served as Col. in the Army. The petitioner would rely on the eligibility status for dependents for Ex-serviceman Contributory Health Information Brochure as relevant also for the decision of who could be a dependent. This clause has been referred to in the objection filed by the 3rd respondent-IOC that makes eligible for a person who claims as status of a dependent to a person whose income from all sources is less than Rs.1500/- per month. Clause (6) reads as follows: "Eligibility Status for Dependants. The following categories qualify to be called dependants:- a) Parents: Father and Mother of the pensioner shall be deemed to be dependant if they are normally residing with the ESM pension and their combined income from all sources is less than Rs.1500/- per month. b).................................................... c).................................................... d)...................................................."
(2.) The 4th respondent relies on the fact that in the order of prioritization, the person, who is a dependent to an Army personnel awarded with a gallantry medal, would take precedence to a war veteran himself even if he is disabled. The counsel would refer to the notice issued that sets out the inter se priority, as under:- b) Defence Employee Category (D.E.F) b) Defence personnel (DC) Defence personnel means personnel of armed forces (viz. Army, Navy, Air Force) and will cover widows/dependants of those who died in war, war disabled/disabled on duty, widows/dependent of those members of Armed Forces who died in harness due to attributable causes and disabled in peace due to attributable causes. Inter se priority under Defence personnel (DC) category: a) Widows/dependents of Posthumous gallantry award winners. b) War widows/dependents of those who died in war. c) War disabled/disabled on duty". d) Widows/dependents of those died in harness due to attributable causes." e) Disabled in peace due to attributable causes.
(3.) The counsel would explain that "dependent" obtains a special connotation by virtue of the fact that in terms of the guidelines of scheme for allotment oil product agencies, Self Employment Directorate Guidelines has set out the order of priority as under:- "Priority I: Widows/dependents of Posthumus Gallantry Award Winners. Priority II War Widows/dependants. Priority III War disabled (disability 20% and above). Priority IV Widows/dependants of those who died in harness due to attributable causes. Priority V Disabled in peace with disability (disability 20% and above) attributable to Military Service.";