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 posting at a high altitude area.

JUDGMENT

Suresh Kumar Kait, J. - The present petition has been preferred by the petitioner, the widow of late Ram Kumar Singh EXGO -004185K AE 9 CIVIL, who was working with Esteemed Border Roads Organizations (EBRO), seeking grant of ex gratia compensation under guidelines vide DoP & Pw OM NO. 45l55/97-P& Pw (C) dated 11.09.1998 as amended from time to time as well as for her appointment on compassionate grounds. Consequentially, petitioner is seeking setting aside of orders dated 19.10.2019 and 23.04.2020 passed by the Officer Commanding 91 Road Construction Coy (GREF), vide which her application dated 25.11.2018, seeking the aforesaid reliefs, has been rejected. The petitioner claims to have filed an appeal dated 04.02.2020 against the aforesaid orders to the Director General Border Roads, New Delhi, which was not decided till filing of the present petition.

2. The petitioner's husband was appointed in EBRO in the year 1985. On 20.01.2018, while being posted at 476RMPL in Shergaon Arunachal Pradesh, he felt uneasiness in breathing, which he was complaining of last two-three days. He complained it to one of his colleagues and was rushed to Military Hospital Tenga Valley, at a distance of 65 kilometres and took three hours to reach there. On the way, his heart got severely damaged, which proved fatal for him and he succumbed to death on the next day i.e. 21.01.2018.

3. Consequent upon demise of AE (CIV) Ram Kumar Singh i.e. petitioner's husband, the respondents claim to have granted compensation to the tune of Rs.62,91,608/- on account of terminal benefits entitled as per Government rules to his Next of Kin (NoK) i.e. petitioner, his wife and also granted pension as per rules by the last serving unit of the deceased. Being dissatisfied with non-payment of ex-gratia amount in the sum of Rs.35,00,000/-, petitioner filed an application dated 25.11.2018 to the Commandant GREF Centre for and Records Dighi Camp, Pune-15 praying for grant of ex gratia compensation, which was rejected by the competent authority vide letter dated 19.10.2019 intimating that ex gratia lump sum amount does not apply to the NoK of deceased AE (CIV) Ram Kumar in view of DGBR letter no. PF/EXGO-4185K/RKS/09/ElB dated 05.09.2019, as his death was caused due to the heart attack.

4. It is pleaded in the petition that against the aforesaid communication dated 19.10.2019, the petitioner had preferred an appeal on 27.01.2020 before the Director General Border Roads, Seema Sadak Bhawa, Naraina, Delhi praying for grant of ex gratia compensation as well as to consider petitioner's appointment on compassionate grounds. Thereafter, petitioner received a letter dated 02.07.2020 from respondent No.3 stating that her case was being considered for appointment on compassionate grounds and she was found fit for the same and as and when vacancies pertaining to the year 2019 are notified, she would be called for the same. However, since there was no communication from the other side, therefore, the present petition has been filed.

5. During the course of hearing, learned counsel appearing on behalf of petitioner submitted that since the year 1985, petitioner's husband was deployed in very hostile locations ranging from high altitude areas, terror hit areas, perilous outskirt border areas and declared hard areas of North East Region, India; which include Bhutan, Rohtang areas of Himachal Pradesh, Rajouri District of Jammu and Kashmir, Lunglei District of Mizoram, Buddal Kandi in Rajouri in Jammu and Kashmir, Samba area of Jammu and Kashmir, Eastern Arunachal Pradesh, Peng region in Leh Laddakh and his last posting in Sher Gaon area in West Kameng District Arunachal Pradesh. It was also submitted by learned petitioner's counsel that her husband had remained deployed in high altitude areas, where there is extreme paucity of oxygen required to sustain a healthy heart, which made his heart weak. It was submitted that none of the family members had a history of heart attack and his fathe