JUDGEMENT
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(1.)The petitioner seeks for the grant of monetary benefits for a gallantry award winner, who has obtained a Sena Medal, the proof of which is secured through the President's Secretariat Notification dated 26.01.2008. The basis of the claim for the petitioner is the Government's decision in a policy spelt out through a letter of communication from the Chief Secretary to the Government of Haryana to all Deputy Commissioners-cum- Presidents of Zila Sainik Boards in Haryana dated 05.10.2007 (Annexure P-2). The relevant portion of the letter reads as follows:
Subject: One time cash award to gallantry award winners.
The Govt. of Haryana has decided to give one time cash award of the war time and peace time Gallantry Awards for the defence personnel for future awardees only. Previous cases shall not be reopened.
The amount shown below will be given once and awardees will not be entitled to any other benefits:
War Time Gallantry One Time Cash Awards Awards
a. Paramvir Chakra 25,00,000
b. Mahavir Chakra 15,00,000
c. Vir Chakra 10,00,000
d. Sena Medal (Gallantry) 5,00,000
e. Mention-in-Dispatches 2,50,000
(2.)To a claim made by the petitioner for the monetary benefit, the statement of the respondent Nos. 1 and 2 is that the petitioner is a Non-Commissioned Officer with Assam Rifles, which is a Para Military Force and it is only the Home Department that provides ex-gratia payment to Para Military Forces including Assam Rifles. The plea on behalf of respondent Nos. 1 and 2 is, therefore, that the cash award should be given only by the Home Department to the petitioner. The Home Department itself is a party to this proceeding as 3rd respondent and the 3rd respondent through the Deputy Secretary to Government of Haryana has given a statement to the effect that the matter relating to the monetary benefit to the petitioner was referred to the Secretary Defence Services namely respondent No. 1 and after an examination of the matter, it was observed that in the absence of a definite policy on the subject by the Home Department about grant of benefit to persons in Para Military Forces, it was not possible to issue the benefit till a clear cut policy is taken to include also persons in Para Military Forces as eligible for the monetary benefits.
(3.)There is, therefore, a strange situation where respondent Nos. 1 and 2, which represent the Defence Wing of the State cast the onus on the 3rd respondent, while the Home Branch-3rd respondent looks to the 1st respondent for framing a modified policy to include these awards also to persons in Para Military Forces.
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