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2025 DAILYLAW 2132 (CAL)

SHALENDRA SINGH @ SHAILENDRA SINGH v. UNION OF INDIA AND ORS.

WPA/25740/2025 · 2026-01-14

Saugata Bhattacharyya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5 1144..0011..22002266 Ct. No. 02 adeb WPA 25740 OF 2025 Shalendra Singh @ Shailendra Singh Vs. Union of India & Ors. Mr. Chirantan Sarkar Mr. Sultan A. Mondal …for the petitioner Mr. Brojesh Jha Mr. Goutam Dinda …for the UOI 1. Petitioner, by presenting this writ petition, inter alia, has prayed for payment of ex gratia as the petitioner being member of Border Security Force suffered bullet injury. At the material point of time petitioner was posted in Kashmir. Reliance is placed on certificate issued by Civil Surgeon, Jalandhar dated 7th December, 1997. According to the petitioner, he was permanently disabled due to bullet injury he suffered which makes him entitled to receive Rs. 0.75 lakh towards ex gratia. 2. Mr. Brojesh Jha, learned advocate representing the Union of India appears on virtual mode and has opposed the prayer of the petitioner. It is submitted, already Rs. 5,000/- was paid to the petitioner for his 2 treatment just after the incident wherein petitioner got injured. It is further submitted that whatever was payable to the petitioner for suffering bullet injury was paid to the extent of Rs. 5,000/- and no further amount is payable to the petitioner. 3. Petitioner was serving in BSF and retired on superannuation on 30th November, 2025. According to the petitioner, till date, ex gratia which was payable to the petitioner in terms of relevant order, remains unpaid. A Government Order is placed before this Court dated 10th July, 1990 relating to payment of ex gratia relief for being permanently or partially disabled as a result of violence attributable to the breach of law and order or any other form of civil commotion. Members of BSF who were killed, are also entitled to get ex gratia as per said order dated 10th July, 1990. 4. Clause (B) clearly provides for permanent disability of a member of BSF he is entitled to receive Rs. 0.75 lakh. In the present case, certificate dated 7th December, 1997 issued by Civil Surgeon, Jalandhar discloses that petitioner became permanently disabled (100%) and nature of disability was traumatic paraplegia. Therefore, it appears that in terms 3 of the aforesaid order dated 10th July, 1990 petitioner is entitled to receive Rs. 0.75 lakh towards ex gratia. 5. Hence, concerned authority of Border Security Force is directed to release Rs. 0.75 lakh to the petitioner by 4 (four) weeks from the date of communication of this order along with 6% interest from the date the amount became payable to the petitioner till the date of payment. 6. Writ petition stands disposed of. 7. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)