* State’s sympathy at time of last rites evaporates immediately
Excelsior Correspondent
JAMMU, Mar 6: In a suo-moto Public Interest Litigation (PIL) arising out of contempt petitions regarding less compensation to the security personnel who sacrifice their lives in militant attacks, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Alok Aradhe today issued notice to Union Home Secretary, Chief Secretary, Secretary GAD and Secretary Home Department J&K.
While issuing notice to the respondents, Division Bench observed, “suo moto PIL has been taken after noticing some disturbing facts of paying a paltry sum of Rs 1 lakh to the families of those whose bread winners lost their lives due to militancy related activities”.
“The killings had taken place in the year 2002. A sum of Rs 1 lakh was paid to each of the deceased family. As no member of the family of the deceased persons fulfills the criteria for seeking Government appointment on compassionate ground they pleaded for enhanced compensation but this request was not considered forcing them to file writ petitions”, the DB said.
“By various orders, this court gave finding that compensation awarded was too meager and direction was issued to the Government to sanction at least one more lakh of rupees to the each of the family of the deceased persons but the direction has not been considered which prompted filing of contempt petitions”, the DB said.
Consequently vide order No.71/Home of 2017 the Government stated that there was no provision to pay more compensation and compensation already paid was in terms of Government Order No.73-GR(GAD) of 1990 dated 10.07.1990.
“However, it is not mentioned in the order that a sum of Rs 1 lakh already paid is sufficient to the family of the deceased persons for their decent living in future. If a person is available for compassionate appointment and if applies he will get compassionate appointment or in lieu he will get Rs 4 lakh as compensation apart from Rs 1 lakh amount payable otherwise as ex-gratia”, the DB observed, adding “the logic behind the rule was that payment of Rs 1 lakh was inadequate”.
Division Bench further observed, “this court also noticed the pitiable condition of the soldiers who are permanent residents of the State of Jammu and Kashmir and if killed by militants, their legal heirs are not receiving any ex-gratia from the Government of Jammu & Kashmir”.
“Recently, we came to know that a soldier hailing from State of Haryana was killed in Jammu and Kashmir and his home State paid a sum of Rs 50 lakh as ex-gratia relief to his legal heirs. Similarly to the soldiers hailing from States of Tamil Nadu, Maharashtra, Andhra Pradesh, Bihar, Delhi, Kerala, Karnataka etc, who were killed by militants while serving in the State of Jammu & Kashmir, ex-gratia relief in the sum of Rs 15 lakh to Rs 25 lakh and more was paid to their family members”, the DB further observed.
“The payment is not being made to the family members of the security personnel belonging to the State of Jammu and Kashmir who got killed in militancy related activities elsewhere in the country. This action of the Government of Jammu and Kashmir is discrimination to the families of the deceased security personnel”, the DB said, adding “in the year 2016 more than 100 security personnel while discharging their duties were killed in the State of Jammu and Kashmir by the militants. Though the family members of the security personnel belonging to other States, who are killed in militancy related activities in the State of J&K are getting ex-gratia relief, the persons hailing from this State, who also worked similarly when killed, are not paid any ex-gratia except the State honour”.
“The sympathy shown at the time of death or cremation/burial evaporates within few days and in the State of Jammu & Kashmir no ex-gratia is paid by the State Government, which is receiving and spending huge money on security related expenditure”, the DB noted with serious concern and directed Registry to list this PIL tomorrow.
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