Rajasthan HC Directs Release Of Ex-Gratia Amount Of ₹20L To Widow Of Police ASI Who Died Of Heart Attack On-Duty
The Rajasthan High Court directed the State of Rajasthan to release an ex-gratia amount of Rupees Twenty Lakhs under Rule 75(2)(b) of the Rajasthan Civil Services (Pension) Rules, 1996 (Rules) to the widow of a deceased Assistant Sub-Inspector (ASI) who succumbed to a heart attack on duty.
The Director General Of Police (DGP) opposed the claim of the petitioner and submitted that the ex-gratia amount was not payable in case of death occurring due to heart failure. Similarly, it was argued that the benefit of the special pensionary award was also not available to the petitioner.
A Single Bench of Justice Ganesh Ram Meena observed, “In view of above discussion, the present writ petition is partly allowed. The respondents are directed to release the exgratia amount Rs.20,00,000/- in terms of Rule 75(2)(b) of the Rajasthan Civil Services (Pension) Rules, 1996 in favour of the petitioner alongwith interest admissible to her from the date of death of her husband @9% per annum.”
Advocate Seema Moyal represented the petitioner, while GC Pradeep Kalwania appeared for the respondents.
The petitioner (widow) sought the release of the ex-gratia amount along with a special pensionary award under Rule 109 read with Rule 111 of the Rules following the death of her husband.
The High Court explained that Rule 75 of the Rules covered the ex-gratia amount in the case of the death of a Government servant while he/she is on duty, “if such Government servant dies in an accident due to injury intentionally inflicted or caused in consequence of the due performance of his/her official duties or due to injury intentionally inflicted or caused in consequence of his/her official position.”
The Bench referred to the 2006 Supreme Court judgment of Shakuntala Chandrakant Shreshti v. Prabhakar Maruti Garvali where the concept of causal connection between the nature of employment and unexpected deaths was discussed.
In light of the same, the Court held, “the petitioner being the widow of the deceased-Government servant who died while he was on duty, because of heart attack, is entitled for ex-gratia amount of Rs.20,00,000/- in view of provisions of Rule 75 of the Rules of 1996. Since the respondents have illegally deprived the petitioner from receiving the ex-gratia amount and therefore, she is also entitled for interest on the delayed payment.”
However, the Court clarified that the special pensionary award under the provisions of Rule 109 and 110 of the Rules did not cover death from a heart attack. “In such a situation, the petitioner cannot be held entitled for grant of special pensionary award. Accordingly, the claim for special pensionary award is not accepted,” the Court added
Accordingly, the High Court partly allowed the petition.
Cause Title: Magan Bai Meena v. State Of Rajasthan & Anr. (Neutral Citation: 2024:RJ-JP:17215)
Appearance:
Petitioner: Advocates Seema Moyal and Yunus Khan
Respondents: GC Pradeep Kalwania
