JUDGMENT

K. Kannan, J.

1. The petitioner is before this court seeking for review of the respondent/State's decision to deny her claim for ex-gratia payment announced by the Haryana Government through its instructions dated 20.9.1999 for the families of defence forces, who died in any action or warlike engagement, which is specifically notified by the Ministry of Defence, Government of India. The petitioner's husband died along with 17 other on 28.12.2001 at Laungewala in a mine accident while "harbouring and arming" and reported as battle casualty to the Indian army (AGORG) by Indian Army (ADP Centre). The casualty report forwarded to Secretary Zila Sainik Board, Ambala, also reports the death as a battle casualty who died "in mine blast in OP Parakram on 28.12.2001 in Laungewala sector". When a claim was made, the State referred to its own scheme to decline the plea and cited the persons who are not eligible under the scheme, as stipulated in terms of eligibility in Annexure B attached to the notification. The State counsel would refer to me the particularly clause which would apply to the petitioner, which reads as under:-

"Those who are not eligible

1. xx xx xx

2. Physical Causalitie