Allahabad High Court
Smt. Umapati Devi vs Union Of India And 3 Others on 24 September, 2019
Bench: Pankaj Mithal, Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - A No. - 14869 of 2019 Petitioner :- Smt. Umapati Devi Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Manoj Kumar Sharma Counsel for Respondent :- Vivek Kumar Rai Hon'ble Pankaj Mithal,J.
Hon'ble Saral Srivastava,J.
Heard Sri Manoj Kumar Sharma, learned counsel for the petitioner and Sri Vivek Rai, learned counsel for Railways.
The petitioner has preferred this petition so as to challenge the judgment and order dated 09.07.2019 passed by the Central Administrative Tribunal.
The Tribunal by the aforesaid order has dismissed the claim of the petitioner for ex-gratia compensation due to death of Badshah Singh, the husband of the petitioner who was working as a Porter with the Railways.
The ex-gratia payment is payable only to those civil employees working with the Railways who die in harness on account of the accidents in the course of performance of duties.
The Tribunal has returned a finding that the death of Badshah Singh was not on account of any stress or strain due to work but according to the post mortem report he died due to septicaemia with which he was suffering. Therefore, the cause of death was due to disease and not on account of any accident in the course of employment.
In view of the above finding, the petitioner is not entitle to any ex-gratia payment.
Accordingly, the Tribunal has not erred in rejecting the claim.
The writ petition is devoid of merits and is dismissed.
Order Date :- 24.9.2019 Nirmal Sinha