Kin of govt staff entitled to red ID card, says Punjab and Haryana High Court

Saurabh Malik

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Chandigarh, May 20

In a significant order, the Punjab and Haryana High Court has made it clear that a red identity card cannot be withdrawn on the grounds that a terror-affected family of a government employee is not entitled to the same.

Justice Vinod S Bhardwaj also set aside the action of cancelling a red identity card already issued to petitioner, Harinder Kumar, being next of kin of a terror victim. The authorities were also directed to restore the card issued to the petitioner’s family, if already withdrawn. For the purpose, Justice Bhardwaj set a four-week deadline.

In his petition filed through counsel Sunny Singla, the petitioner was seeking the insertion of names of his daughters-in-law and grandchildren in the card issued to him for “being family of a terror victim”. Directions were also sought for the quashing of a communication, dated June 5, 2018, issued by the Ludhiana Deputy Commissioner, whereby he was held disentitled to avail of the card.

Justice Bhardwaj asserted that the question before the Bench was whether the card issued to the petitioner’s family as terror affected could be withdrawn in the light of the communication, dated June 5, 2018. After going through the documents and hearing the arguments, Justice Bhardwaj asserted that the state’s stand was bereft of merit.

Instructions, dated December 31, 1986, issued pursuant to a decision taken under the chairmanship of the Financial Commissioner, Revenue, clearly showed the absence of distinction or classification of the beneficiaries.

As such, the suggested classification as government/non-government employee was not provided for in the instructions. The respondent-state was seeking support from the June 5, 2018, communication. However, the reliance was misconceived as the communication was issued in reference to a memo, dated May 21, 2018. It, in turn, placed reliance on the instructions, dated December 31, 1986.

It was clear that the families of ordinary citizens killed during terrorism could be issued the red identity card. There were no instructions against issuing the card to the families of government employees killed during terrorism.

Justice Bhardwaj added: “A superintendent purportedly issued the clarification. Once an earlier decision has been taken by an authority at the level of the Financial Commissioner, Revenue, an authority below that level could not have issued the clarification. Even otherwise, the clarification purportedly drawn/issued by the superintendent in the Department of Revenue is neither suggested, nor can be inferred by necessary inference/reading of the memo, dated December 31, 1986. It is apparently a misconceived interpretation.”

Justice Bhardwaj also took note of a communication, dated February 18, 2015, mentioning the Punjab Government’s decision to enter the names of grandchildren of terror-affected families, similar to riot-affected families. The Bench ruled that the petitioner would be at liberty to submit an application for incorporation of the names of grandchildren.

Four-week deadline to restore document

• Justice Vinod S Bhardwaj also set aside the action of cancelling a red identity card already issued to petitioner, Harinder Kumar, being next of kin of a terror victim
• The authorities were also directed to restore the card issued to the petitioner’s family, if already withdrawn. For the purpose, Justice Bhardwaj set a four-week deadline