IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : February 28, 2025 Jai Dev ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Navdeep Singh, Ms. Roopan Atwal and Ms. Srishti Sharma, Advocates, for the petitioner Mr. Rajesh Gaur, Addl. AG, Haryana KULDEEP TIWARI,J.

1. The petitioner, a proud father of Late Shri Flight Lieutenant Varun Kumar [29210F(P)], who served as a pilot in the Indian Air Force, had unfortunately, lost his life in an air crash on dated 9.6.2009, at Mechuka, Arunachal Pradesh, during a “Battle Inoculation” mission at Air Force Station, Jorhat, which is situated in a counter-insurgency area, has to approach this Court for issuance of mandamus upon respondents No. 2 to 4, to consider his application for ex-gratia grant, and reward money amount, in terms of applicable policies of Government of Haryana dated

15.6.2001, 6.3.2017 and 8.11.2021 respectively.

2. The facts, qua which there is no wrangle amongst the petitioner and the respondents, that the death of the son of the petitioner occurred while he was serving as a pilot in Indian Air Force, in an air crash on dated 9.6.2009, at Mechuka, Arunachal Pradesh and the incident occurred during a “Battle inoculation” mission at Jorhat.

3. The petitioner at an earlier instant, fought legal battle for issuance of certificate of “Battle Casualty”, and therefore, approached the Armed Forces Tribunal concerned, which while drawing decision dated 27.8.2019, granted the relief in the form of “Liberalized Family Pension”. The Central Government in the process of implementation of the order (supra), issued “Battle Casualty” certificate of the deceased, to the petitioner, on 9.10.2022, and also granted the “Liberalized Family Pension”.

4. The grievance which propelled the petitioner to approach this Court is that the authority concerned neither granted the ex-gratia grant and reward money to the petitioner, nor declined it, in terms of the policies flouted and adopted by the State of Haryana from time to time. Though the petitioner cannot as a matter of right claim the grant of reward money, and ex-gratia grant, however, once the policies have been framed by the State Government, and in case, the petitioner is entitled under the said policy, certainly one can maintain a writ seeking mandamus upon the respondents, to grant such relief as included in the policies. In the instant case, so far as the policy of 2001 is concerned, which was flouted on 15.6.2001, the State government, after consideration with the Government of India, instructions dated 22.9.1998, and 3.8.1999, were modified, and the existing instructions dated 30.9.1999, the relevant portion of which is extracted, as under:-

xxx xxx xxx xxx (a) A Reward Money of Rs. Ten Lac in recognition of acts of bravery, gallantry and sacrifice would be paid to the families of those defence personnel hailing from Haryana, who die during an enemy action in International war or such war like engagements, which are specifically notified by the Ministry of Defence, Govt. of India. This would be in addition to whatever Ex-gratia relief is admissible under Govt. of India instructions.

(b) Ex-gratia grant will be admissible to the families of those defence personnel who hail from Haryana end get killed in militant encounters and declared as Battle Causalities as per amounts given in Annexure 'A' and conditions of eligibility given in Annexure 'B'.

(c) Ex-gratia grant will be given to those personnel of the Defence, forces hailing from Haryana who get disabled for life and boarded out of service due to disability declared as Battle Casualty/Battle accident depending on the percentage of disability suffered in the first instance during life at the rates given in Annexure 'a' and the eligibility conditions given in Annexure "Br.

(d) These instructions would be applicable only in cases of Defence service personnel.

2. The rates of Ex-gratia grants mentioned