N. Paul Vasantha Kumar, J.

L.P. Appeal No. 10/2016 is filed by the Director General, Railway special protection force and general manager Northern Railways, challenging the order made in OWP No. 480/2011 dated 07.12.2015, ordering compensation of an amount of Rs. 17,60,000/- with 9% interest per annum till the amount is deposited, to the writ petitioners who are the legal heirs of the deceased Ab. Rashid Reshi, who was hit by a bullet on 05.08.2010 and died on 11.06.2011. L.P. Appeal No. 11/2016 is filed by the writ petitioners against the very same order of the writ court for enhancing the compensation to the tune of Rs. 40 Lacs and to make proper arrangements of education of the daughter and son of the deceased with a further direction to investigate the matter and prosecute the persons responsible for the death of the deceased. The parties are being referred as per their position in the writ petition.

2. The facts necessary for disposal of these appeals are as follows:

The husband of writ petitioner No. 1, who is the 1st respondent in LPA No. 10/2016 and 1st appellant in LPA No. 11/2016 and the father of other writ petitioners was a Coppersmith by profession at Samboora District Pulwama. On 05.08.2010 he was fired upon by the 183 Bn CRPF stationed at Railway Station Kakapora. He was hit on the head while he was closing his shop and was rushed to hospital and was admitted on the same day and later on discharged from Hospital on 25.12.2010 without recovery i.e. in Coma stage. An FIR was registered bearing FIR No. 146/2010 under Sections 307, 332, 148, 149, 341, 336 and 427, RPC on the file of Police Station Pampore. Though investigation was to be conducted but there was no progress. The deceased person being the sole bread winner of the family was in Coma stage. The writ petitioners approached the Writ Court for compensation. The Superintendent of Police, Awantipora on 04.01.2011 certified that the injured was never involved in any illegal activities. On the ground that the sole bread winner was made to suffer in Coma stage, writ petition was filed when the injured was alive, praying to provide the medical treatment by specialist doctors to the husband of the 1st writ petitioner and father of writ petitioner Nos. 2 and 3 and for taking him outside the State of J&K for proper treatment on the State exchequer and to provide financial support to the victim family in the form of compensation to the tune of Rs. 40 lacs and make arrangements for proper education of writ petitioner Nos. 2 and 3 and to keep a job reserved in some Government Department for petitioner Nos. 2 and 3 and meanwhile to provide them monthly pension for sustenance with dignity with a further direction to complete the investigation into the matter and prosecute the offenders/culprits. The said writ petition was filed mainly on the ground that Article 21 of the Constitution of India was violated and a person who was at peak age of earning as a Coppersmith, was made to suffer at the hands of the respondents.

3. The said writ petition was resisted by the respondents contending that the writ petition is not maintainable as the facts are in dispute. The writ petitioners have not lodged any FIR against the answering respondents of the alleged incident and the complaint itself was lodged by the Assistant Commandant of 9th Bn. The FIR was registered against the unruly mob at Police Station Pampore and the investigation has not been completed, therefore, no liability can be fixed on the respondents. It was further stated in the objections that as per the order of the Railway Board, the "C" Company of 9th Bn, Railway Protection Special Force, Jagadhari Workshop (Haryana) based at Udhampur was ordered to move Qazigund (Kashmir Valley) as per the request of senior Commandant, RPF, Tulsibagh for deployment of RPSF unit in view of grave law and order problem in the Valley causing widespread damage to Railway properties. The Company moved from Udhampur on 05.08.2010 at