K.Kannan, J.

1. The petitioner seeks for a direction for payment of an ex gratia amount from the State of Haryana vide policy issued through the Chief Secretary to Haryana that enables a person reported killed/missing/prisoners of war/disabled E.S.M. (Ex Servicemen) during various operations. The petitioner has suffered 100% disability in an accident while he was in service in Kargil area. The claim was made by invoking clauses of eligibility that the policy delineates. To our case would be relevant Clause 7(a) and (f), which are reproduced as under :-

"a) The families of personnel killed or missing and disabled personnel as a result of clash with hostile foreign nationals on J&K cease fire line or Ladakh or on/across the borders of India with foreign countries.

b) to e) ..................................

f) Families of personnel killed/disabled as a result of M.T. (Mechanical Transport) accident in operational area and covered by the Army Act except where the court of enquiry has blamed the individual for either negligence or self infliction or attempt to suicide."

The policy which was introduced originally in the year 1994 has undergone some changes in so far as it increa