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2011 Supreme(J&K) 513
JAMMU & KASHMIR HIGH COURT
J.P.Singh, J.
Kanta Devi -Appellant
Versus
State of J&K and Ors. -Resopndent
OWP No. 934 of 2009
Decided On : 04-11-2011
The expression 'Security Forces' in the government order includes Police Personnel, entitling them to additional ex-gratia relief in case of death in encounters.
Headnote:
Security Forces - Ex-gratia Relief - The court held that the expression 'Security Forces' in the government order includes Police Personnel, entitling the petitioner to additional ex-gratia relief. The court emphasized that there should be no distinction between members of the State Police and other Forces for the purpose of granting ex-gratia relief, and concluded that the petitioner was entitled to the remaining amount of ex-gratia relief in accordance with the government order.
Fact of the Case:
The petitioner, widow of a Head Constable in the Police Department, sought the remaining amount of ex-gratia relief in accordance with a government order after her husband lost his life in an encounter with militants.
Finding of the Court:
The court found that the expression 'Security Forces' in the government order includes Police Personnel, and the petitioner was entitled to the remaining amount of ex-gratia relief.
Issues: The main issue was whether the expression 'Security Forces' in the government order includes Police Personnel who were killed in encounters, and whether the petitioner was entitled to additional ex-gratia relief.
Ratio Decidendi: The court emphasized that there should be no distinction between members of the State Police and other Forces for the purpose of granting ex-gratia relief, and concluded that the petitioner was entitled to the remaining amount of ex-gratia relief in accordance with the government order.
Final Decision: The Writ Petition succeeded, and the court directed the respondents to release the remaining amount of ex-gratia relief to the petitioner within a specified period, with interest payable if the amount was not released within the stipulated period.
Mr. Justice J.P. Singh
1. Harbans Lal, a Head Constable in the Police Department of the State Government, lost his life in an encounter with Militants at Police Post Supwal-Samba. The petitioner, his widow, was paid Rs. 2 lac as ex-gratia relief.
2. Claiming benefit of Government Order No. 805-GAD of 1999 dated 15.07.1999 in terms whereof Rs. 5 lac was payable as ex-gratia relief to the next of kin of the members of the Security Forces, killed in Operations, who were permanent residents of the State, the petitioner approached the respondents seeking payment of remaining amount of ex-gratia relief in terms of the Government Order.
3. Her Claim was not entertained by the respondents proceeding on the premise that Government Order No. 805- GAD of 1999 dated 15.07.1999 would not apply to Police
4. Personnel as it was limited to its Application to the Defence Personnel killed in Jammu and Kashmir.
5. Heard learned counsel for the parties.
6. The short question that falls for consideration in the Writ Petition is as to whether the expression Security Forces used in Government Order No. 805-GAD of 1999, would include Police Personnel too, who were killed in encounter, and whether the petitioner was entitled to additional amount of Rs. 3 lac in terms of the Government Order.
7. The question as to whether the expression Security Forces include Police Personnel was examined by this Court in OWP No. 603/2005, Baij Nath versus State of Jammu and Kashmir & ors., and dealing with the issue, it was held as follows:-
8. Going by this logic and rationale, the State cannot draw any distinction muchless valid distinction between a member of the State Police who has laid his life while fighting with militants and the members of other Forces for the purpose of granting ex-gratia relief.
9. Perhaps, this being in mind, the government seems to have deliberately, instead of describing any particular Force in the Government Order No. 805-GAD of 1999 dated 15.07.1999 has used the comprehensive expression Security Forces so as to bring all the Forces fighting militancy under one umbrella. Therefore, in my considered view, this expression would include the State Police Force also.
10. Refusal of petitioner's Claim for ex-gratia relief in terms of Government Order No. 805-GAD of 1999 dated 15.07.1999 by the State-respondents, cannot, therefore, be justified in view of the concluded Judgment of this Court on the issue.
11. This Writ Petition, therefore, succeeds and is, accordingly, allowed. A direction shall issue to the respondents to release remaining amount of Rs.3 lac to the petitioner within a period of four weeks. In case the amount was not so released within the stipulated period, the respondents would pay interest on Rs. 3 lac to the petitioner @ 9% per annum.
