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Judgment
Gita Mittal, J
These two writ petitions were filed complaining against the action of the Government of NCT of Delhi declaring Ex-Serviceman Ram Kishan
Grewal, who committed suicide during protest at Jantar Mantar in November, 2016 over the issue of grant of “one rank- one pensionâ€, as a
‘martyr’.
The petitioner complains that the Government of NCT of Delhi had announced an ex-gratia amount of Rs.1 crore for his family. This writ petition
seeks quashing and setting aside of the decision of the GNCTD holding the deceased as martyr, the award of the said compensation as well as the
decision to grant any job to his family member in the Delhi Administration on compassionate grounds.
Government of NCT of Delhi â€" impleaded as respondent no.4 (in WP(C)No.10536/2016) has filed a counter affidavit placing before this court the
Cabinet decision No.2446 dated 4th November, 2016 approving the release of amount of Rs.1 crore to the family member of the deceased Subedar
Ram Kishan Grewal (Retd.) and Cabinet decision No.2455 dated 8th December, 2016 deciding to make an exception to the ex-gratia scheme to war
widows, war disabled PoWs, missing in war/operation etc of defence personnel.
However, both the decisions have not been approved by the Lieutenant Governor of Delhi.
Respondent no.4/GNCTD has further informed this court that the Lieutenant Governor of Delhi has directed the Ministry of Home Affairs of the
Government of India and the Ministry of Defence to examine of the proposal of the Government of NCT of Delhi.
Although, the petitioner may have flagged an important issue regarding the manner in which public funds would be dispensed, given the fact that the
respondents are not implementing their decisions, we are not required to comment on this aspect of the matter. It would therefore, appear that the
apprehensions of the petitioner are premature at this stage and inasmuch as the said impugned decisions are not being implemented.
These writ petitions are therefore, not maintainable and are hereby dismissed.