Rajasthan High Court - Jaipur
State Of Raj And Ors vs Smt Rameshwari Devi on 27 November, 2017
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
(1) D.B. Special Appeal Writ No. 1539 / 2017
1. The State of Rajasthan Through Principal Secretary, Home
Department, Government of Rajasthan, Jaipur
2. The Director, General of Police Rajasthan Police Head Quarter,
Lal Kothi, Jaipur
3. The Director Rajasthan Police Academy, Nehru Nagar, Panipech,
Jaipur
----Appellants
Versus
Smt. Rameshwari Devi Wife of Late Shri Ramji Lal, R/o D-38,
Amritpuri, Ghatgate, Jaipur
----Respondent
Connected With (2) D.B. Special Appeal Writ No. 1520 / 2017
1. The State of Rajasthan Through Principal Secretary, Home Department, Government of Rajasthan, Jaipur.
2. The Director, Directorate of Pension & Pensioners Welfare Department, Pension Bhawan, Jyoti Nagar, Jaipur.
3. The Director Rajasthan Police Academy, Nehru Nagar, Panipech, Jaipur.
----Appellants Versus Smt. Rameshwari Devi Wife of Late Shri Ramji Lal, R/o D 38, Amritpuri, Ghatgate, Jaipur.
----Respondent _____________________________________________________ For Appellant(s) : G.S. Gill, Addl. Advocate General For Respondent(s) : Mr. R.N. Mathur, Senior Advocate assisted by Mr. Ankur Shrivastava _____________________________________________________ HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI JUDGMENT (2 of 5) [SAW-1539/2017] 27/11/2017 D.B. Civil Misc. Application No.869/2017 in DBSAW No.1539/2017 & D.B. Civil Misc. Application No.900/2017 in DBSAW No.1520/2017:
For the reasons mentioned in the applications, delay in filing the appeals is condoned. The applications are allowed. D.B. Civil Special Appea(W) No.1539/2017 & D.B. Civil Special Appeal(W) No.1520/2017:
1. Rule 75 of the Rajasthan Civil Services (Pension) Rules, 1996 reads as under:-
"Rule-75: Ex-gratia grant to the family of a Government servant who dies while on duty in certain circumstances-
(1) Subject to the provisions of this Chapter except as otherwise provided, an 'ex-gratia grant' shall be admissible under sub rule (2) to the family of a Government servant who dies while on duty in one of the following circumstances :
(a) outside his normal headquarter,
(b) in an accident,
(c) due to injury intentionally inflicted or caused in consequence of the due performance of his official duties,
(d) due to injury intentionally inflicted or caused in consequence of his official position, and
(e) by violence attributable to causes relative to his service,
(f) while on duty, at own headquarter or outside headquarter, in connection with special assignments like "Election duty", "Census work" and/or such other assignments which do not fall within normal duties of the post held.
"(2) (a) The amount of ex-gratia grant, when the Government servant dies under the circumstance mentioned in clause (a) of sub rule (1) shall be as follows:
(3 of 5) [SAW-1539/2017] Sum of Running Pay Ban plus Amount of ex-gratia grant Grade Pay
1. Upto ₹10,000/- ₹50,000/-
2. Above ₹10,000/- but below ₹80,000/-
₹20,000/-
3. ₹20,000/- and above ₹1,00,000/-
(b) The amount of ex-gratia grant, when the Government servant dies under any of the circumstances mentioned in clause (b) to (f) of sub rule (1) shall be Rs. 20 Lakhs. Provided that families of deceased Government servants who are also granted relief from sundry Government sources, such as, the Prime Minister's Relief Fund, Chief Minister's Relief Fund etc. In such cases, it should be ensured that the aggregate of the relief/ex-gratia grant paid from different sources does not exceed Rs.20 lacs in each individual case."
2. Late Shri Ramji Lal, husband of the respondent was a Constable in Rajasthan Police and for purposes of promotion was required to appear at a physical efficiency test in terms of a letter dated 27.01.2014. While on the field he suffered a cardiac arrest and died. On the issue of grant of ex-gratia to the family, treating the deceased to be on duty the appellants applied clause (a) of sub-rule (1) of Rule 75 and in light of clause (a) of sub-rule(2) of the Rule in question, granted ex-gratia in sum of ₹80,000/-. As per the respondent it would be a case where the death had to be treated as accidental and thus ex-gratia payable as per clause (b) of sub-rule (2) of Rule 75.
3. Noting a departmental circular in paragraph 10 of the impugned decision as per which if a Government servant was (4 of 5) [SAW-1539/2017] required to attend an obligatory departmental examination, passing of which is a condition for promotion, the learned Single Judge has held that it would obviously be a case attracting clause
(b) of sub-rule (2) of Rule 75.
4. Now, an accident would not mean akin to a person being hit by an object such as motor vehicle. A mishappening to a person which is not anticipated would be an accident. Being beneficial legislation the view taken by the learned Single Judge on this aspect of the matter is correct.
5. The second issue which the learned Single Judge has decided whether in view of Rule 109 and Rule 111 of the Pension Rules, 1996, the respondent would be entitled to the grant of a special pension. The two Rules have been quoted by the learned Single Judge in paragraph 8 of the impugned decision. Special pension would be payable where the Government servant dies while on duty. In view of the circular issued by the Government, contents whereof have been noted by the learned Single Judge in paragraph 10 of the impugned judgment and to which we have made a broad reference hereinabove, it cannot be said that the respondent required to attend the obligatory physical endurance test was not on duty. The direction issued to grant special pension in terms of Rule 109 read with Rule 111 of the Pension Rules, 1996, is also upheld by us for the reason the effect of the two Rules is to pay special pension to a Government servant who dies while on duty.
6. Both the appeals are dismissed in limine.
(5 of 5) [SAW-1539/2017]
7. No costs.
(DINESH CHANDRA SOMANI),J. (PRADEEP NANDRAJOG),C.J. KKC/23-24