IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Date of Decision: 05.02.2025 KRISHAN KUMAR BENIWAL ... Petitioner VERSUS STATE OF HARYANA AND ORS.

... Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

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Present: Mr. Ashish Rana and Mr. S.K. Rana, Advocates for the petitioner.

Mr. Tapan Kumar, DAG, Haryana.

Ms. Anita Balyan, Sr. Panel Counsel for respondents No.4 and 5.

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VINOD S. BHARDWAJ, J. (ORAL)

Claiming relief of ex-gratia compensation to the members of the family of a soldier killed in an operational area and challenging the order dated 12.08.2009 whereby the claim of the petitioner for grant of ex-gratia compensation had been declined, the petitioner has approached this Court.

Learned counsel for the petitioner has argued that Lieutenant Amit Kumar Beniwal, son of the petitioner, was commissioned in the Indian Army on 22.09.2007 and was posted in 21 Company of 8 Bihar Regiment under the Northern Command w.e.f. 13.10.2007 for Operation Rakshak in Jammu and Kashmir. On 17.11.2008 Lieutenant Amit Kumar Beniwal was under the command and leadership of Major Ajay Uprety, Sena Medal and with other team members on the search and rescue mission team in area Sq. 4874 in an avalanche rescue operation. As the team approached the site of rescue, they were hit by an avalanche in Sq.4874 at approximately 14:50 hours. Seven members of the rescue team including Lieutenant Amit Kumar Beniwal were swept away by the avalanche. An immediate search and rescue operation was launched, whereupon the body of son of the petitioner was recovered at 12:00 hours on 21.11.2008. The cause of death was stated to be “VASOVAGAL SHOCK AND HYPOTHERMIA LEADING TO CARDIO RESPIRATORY ARREST”. The dead body was eventually brought to the native village of the petitioner and was cremated with full State Honours. He contends that the Adjutant General of Rehabilitation and Welfare Ceremonial and Welfare Directorate, Adjutant General Branch, Integrated Headquarter of Ministry of Defence (Army) issued a letter dated 06.01.2009 to the Zila Sainik Board, Jhajjar declaring the death of Lieutenant Amit Kumar Beniwal as a battle casualty and the cause of death being “died due to avalanche during operation Rakshak (J&K). A further request was made to the Zila Sainik Board to process the case of petitioner for grant of ex-gratia benefits/concessions to the next of kin of late officer as entitled from the State Government. The Battle Casualty Certificate dated 21.11.2008 was also issued by the Commanding Officer, 8 Bihar Regiment and counter signed by the Headquarter of 15 Corps. He contends that the petitioner thereafter applied to the Zila Sainik Board, Jhajjar for payment of ex-gratia grant on account of death of his son Lieutenant Amit Kumar Beniwal, as per the Government Scheme, who forwarded the same to the Secretary of the Rajya Sainik Board, Haryana vide letter dated 23.01.2009. The same was, however, kept pending.

The petitioner continued to pursue his claim and also sought information under Right to Information Act, 2005. Vide letter dated 12.08.2009, the claim of the petitioner was declined on the ground that it is not covered under the instructions issued by the Government of Haryana and hence, the claim has been ordered to be filed.

Learned counsel contends that Government of Haryana had issued instructions dated 30.09.1999, as modified on 15.06.2001, for payment of ex-gratia grants to the families of the deceased armed forces personnel and that the case of the petitioner is covered under the Government instructions for the grant of such ex-gratia financial benefits. It is contended that the respondent-State of Haryana has failed to take into consideration that Lieutenant Amit Kumar Beniwal was declared as a battle casualty by the Ministry of Defence and that even the State Government declared him as “Shaheed” in its public announcements, but the admissible benefits have still been denied unlawfully.

He places reliance on the judgment dated 20.11.2009 pa