JAMMU, Mar 3: In a Public Interest Litigation (PIL) arising out of contempt petitions regarding less compensation to the security personnel who sacrificed their lives in militant attacks, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Sanjeev Kumar has directed respondents to inform the court as to when orders passed in different writ petitions will be complied with and additional amount of Rs one lakh will be given to the legal heirs of the deceased persons.
“In this PIL the adequacy of compensation which is awarded to a civilian if killed in militancy related action, is in issue. Additionally, the aspect of the adequacy and appropriateness of the compensation awarded to the security personnel belonging to State of Jammu and Kashmir who are killed in militancy related action is also an issue”, the DB observed.
“The record shows that the official respondents have relied on SRO No.199 dated 4th of July, 2008, so far as the award of compensation to such deceased civilian is concerned. With regard to the defence personnel who belong to the States, reference has been made to Cabinet Decision No. 85/11 dated 8th of July, 1999 enhancing the award of ex gratia from Rs 2 lakh to Rs 5 lakh”, the DB said.
It has been that so far as the other States are concerned, with respect to security personnel who killed in the State of Jammu and Kashmir in militancy actions, the award ranges from Rs 15 lakh to Rs 25 lakh, while compensation award of Rs 50 lakh is accorded by the State of Haryana. It is contended that the award in this State is hopelessly deficient. Therefore, this issue needs to be revisited appropriately by the State Government and considered view taken.
“There can be no denial that parity deserves to be maintained so far as the award of compensation in similarly circumstanced cases is concerned”, the DB said.