Excelsior Correspondent
JAMMU, Sept 23: Abiding to directions of the Apex Court, the State Government today submitted a detailed affidavit while dwelling on the reason for giving differential ex-gratia to residents of State and outsiders, who have become victim of riots or other incidents of violence.
The affidavit, as directed during the last hearing by the Division Bench of the Apex Court, headed by Chief Justice P Sathasivam has been signed by the Chief Secretary, Iqbal Khandey on behalf of State Government.
The directions were issued by a Bench while in response to a PIL seeking direction to Centre and J&K Government to provide adequate security to pilgrims in Kishtwar area.
Reacting to the affidavit filed by the State Government, the counsel on behalf of Bhim Singh asked for time to file rejoinder.
State Government was represented by Ashok Mathur, who has been appointed as the new Standing Counsel-cum-Advocate on Record in place of Sunil Fernandes, who has completed three years of that assignment. Order regarding appointment of Ashok Mathur bearing number 3263-LD (SC) of 2013 was issued by the Law Department today.
While claiming that the State Government’s policy didn’t suffer from any vice of unconstitutionality, the affidavit says, “under the constitutional scheme applicable to Jammu and Kashmir State, the Government is permitted to confer special privileges upon the residents of the State in certain matters like grant of aid”, adding, “in any event, since ex-gratia payments are made by way of discretionary relief, no legally enforceable right is vested in any beneficiary to claim identical treatment with another beneficiary of ex-gratia relief under the same policy”.
The affidavit stated that the grant of ex-gratia payment by the State isn’t discriminatory in view of the fact that in most cases other State Governments have also made similar provisions for such type of cases relating to State subject and outsiders.
Denying any discriminatory approach on part of State Government, the affidavit explains, “the NoKs of Security Forces of CAPD personnel, who are “Permanent Residents” of the State receive (i) ex-gratia payment of Rs. 5 lacs from the State and (ii) ex-gratia payment of Rs. 15 lacs from the Central Government, totaling to an amount of Rs. 20 lacs. On the other hand, NoKs of Security Forces of CAPD personnel, who are not “Permanent Residents” of the State, receive (a) ex-gratia payment of Rs. 2 lacs from the State; (b) ex-gratia payment of Rs. 15 lacs from the Central Government; and (c) ex-gratia payment from their respective State Government.
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