Rajiv Narain Raina, J. - (1.) To deny ex-gratia appointment, the State of Punjab blinds its vision to Annex P-1 which was an initial Army Signal dated March 14, 2000 recording a fatal accident in which L/Nk Harinder Singh, the husband of the petitioner, died while serving the Indian Armed Forces in its mission to crackdown on revolutionary ULFA militants in Operation Rhino working to form a Socialist Assam in what was viewed by Government of India and dealt with as a separatist movement. The death occurred during exchange of guard duty between late L/Nk Harinder Singh and another Guard. The rifle went off accidently killing the petitioner's husband. After investigation of the episode, the Indian Army classified the accident as a "Battle Casualty" vide documents Annex P-16 to P-18.
(2.) The expression Battle Casualty has been defined in terms of policy instructions SAO 8/S/85 Annex R-3 to mean one of several situations enumerated therein. The classification reads- Battle Casualties are those sustained in action against enemy forces or whilst repelling enemy air attacks. Death may occur by wounds or injuries other than self-inflicted. Clause (iv) prescribes that accidental injuries and deaths which occur in action in an operational area will be treated as "battle casualties". There is even a provision in sub-clause (ii) of the policy which prescribes that casualties in fighting against armed hostiles and those whilst in aid of civil power to maintain internal security are classified as 'Physical' for statistical purposes, but are treated as "Battle Casualties" for financial benefits. Still further, saboteurs as per sub-clause (vi), even of own country, will be treated as enemy for the purpose of classifying their actions as enemy action and encounters against them as encounters against the enemy. Sub-clause (vii) lays down that all casualties during peace time as a result of fighting in war like operations or border skirmishes with a neighbouring country will be classified as "Battle Casualties". The enumeration is exhaustive and covers a wide range of instances of death and injury while serving the defence forces of the country. For the purposes of financial benefits, the petitioner's case has been treated by the Punjab Government as one falling under "Battle Casualty" and thus the petitioner has been given the pecuniary benefits of the schemes of the Punjab Government in terms of the Rules for the Administration of the Punjab War Heroes Families Relief Fund, 1999. However, the benefit has not been translated to the request for compassionate appointment of the widow in civil service. It is for this relief that the petitioner has approached this Court for a mandamus to the respondents to provide her ex gratia employment.
(3.) Learned counsel for the petitioner submits that the petitioner has a right of consideration for appointment under the ex-gratia scheme on compassionate basis since the husband death qualifies as a Battle Casualty and falls within the provisions of the Special Army Order 8/S of 85.;