Ritu Bahri, J. - (1.) PETITIONER -Simarjit Kaur has approached this Court by way of instant writ petition filed underArt.226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing order dated 20.05.2002 (P -8) passed by the respondents and further prayer is for issuance of direction to the respondents to release the benefits to the petitioner under the Scheme of Punjab War Heroes Family Relief Fund, set up by the Punjab Government vide notification dated 26.6.1999.
(2.) THE petitioner is a widow of Rifleman Jasbir Singh No. 13756036 who joined the Indian Army on 24.02.1992. The petitioner was posted at J & K for operation Rakshak and on 13.10.2000, he was on perimeter patrolling duty when he suddenly fell down and sustained head injury near village Khandiphari and died enroute while evacuating to hospital. The Punjab Government has set up a fund as Punjab War Heroes Families Relief Fund with the object to give ex -gratia grant to the next kin of the defence personnel. The notification in this regard issued by the Government is Annexure P -4. This notification is applicable in the cases, which reads as under: - (c) Specified area of operation any area specified/notified within the geographical limits of the country where hostilities have broken out/war has been declared or war like situation has arisen and where troops have been called for/engaged in operations. It also includes area affected by country insurgency and low intensity operations, (d) Death: -Death occurring on or after 1st January 1999 in the specified area of operational responsibilities due to enemy action. It also includes death in harness in the performance of duties due to accident, act of violence by terrorist or anti social elements, border skirmishes action against militants etc. Pursuant to the above notification (P -4), the petitioner approached the Deputy Director, Sainik Welfare, Amritsar to release all the benefits to the petitioner but no response was given and the matter was put off by the concerned authorities. Thereafter, the petitioner sent a legal notice through her counsel vide registered notice dated 30.12.2001 (P -6) in which the demand was made for Rs. 5 lacs as grant and Rs. 2 lacs as ex -gratia grant within two months from the date of receipt of notice. Neither the granted was disbursed to the petitioner, nor any reply was given to the legal notice sent by the petitioner. Thereafter, the petitioner approached this Court by filing CWP No. 2885 of 2001, which was disposed of by this Court on 14.02.2002 with the direction to the respondents to decide the claim of the petitioner for grant of benefits under the Rules (P -4) within a period of 8 weeks from the date of submission of certified copy of this order along with a copy of writ petition. If the competent authority comes to the conclusion that the petitioner is not entitled to financial benefits in terms of Annexure P -4 then a reasoned order shall be communicated to her at the end of 8 weeks period.
(3.) HOWEVER , the respondent -authorities rejected the claim of the petitioner vide order dated 22.05.2002 on the ground that according to the rules, the benefits are to be allowed to the family members of those deceased soldiers whose death occurred on or after 1.1.1999 in the specified areas of operational responsibilities due to enemy action and the husband of the petitioner only met with an accident.;