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P. B. BAJANTHRI, ARUN KUMAR JHA
Beena Bhattacharya – Appellant
Versus
Union of India – Respondent
Arun Kumar Jha, J.—Heard learned counsel for the petitioner and learned counsel for the respondents-Railways.
2. The present writ petition has been filed claiming the following reliefs:—
“(i) For quashing of Order dated 12.10.2018 passed by the Ld. Judicial Member, the Central Administrative Tribunal, Patna Branch, patna in OA/050/00090/2018, whereby and whereunder the Ld. Tribunal has not found infirmity in the decision dated 14/11/2017 (Annexure-10) issued by the Respondent No.6 for compensation/Ex-gratia payment on account of death of deceased employee/husband of the petitioner have not found it proper to pay compensation to the petitioner under the Workmen Compensation Act.
(ii) For quashing of the consequential letter No. E/207/SS Bhattacharya/Engg/settle/SEE dated 26/12/2018 issued by the Respondent No. 06 (Annexure-12).
(iii) For considering the fact supported by the records that the deceased employee/husband of the Petitioner died in course of his duty, the Report of the Railway Authorities dated 15.06.2016 (Annexure-5), the Rail P.P Maheshkhoot U.D. Case No. 04/16 dated 15/06/2016 (Annexure-4), also the death report issued by the Additional Chief Medical Superintendent, East C
The main legal point established in the judgment is that the insistence on the production of FIR and post-mortem report for ex-gratia compensation was not in line with the spirit of the scheme, and t....
Death due to heart attack while on duty is considered accidental under compensation regulations for government employees, entitling the dependent to benefits.
The court established that a heart attack occurring during the performance of duty qualifies as an accidental death under the relevant compensation policy.
Entitlement to ex gratia compensation under the Department of Pension & Pensioners' Welfare OM NO. 45/55/97-P&PW (C) and OM No. 38/37/2016-P&PW(A) (I) for death occurring during duty in a hard postin....
Death of a government employee from a heart attack while on duty qualifies for ex gratia compensation if a connection to the duties can be established.
The court held that a police officer's death due to cardiac issues while on duty in a high altitude area was attributable to service conditions, entitling the widow to Extraordinary Pension and ex-gr....
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