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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Sangita Tomar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. claim for compensation regarding death during duty. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding entitlement to compensation and appointment. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's analysis of duty-related death causation. (Para 16 , 17 , 18 , 19 , 20) |
| 4. determination of entitlement for ex gratia and compassionate appointment. (Para 21 , 22 , 23 , 24) |
| 5. final ruling on compensation and lack of appointment eligibility. (Para 25 , 26) |
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. 45155/97-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
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.
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 due to heart attack while on duty is considered accidental under compensation regulations for government employees, entitling the dependent to benefits.
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....
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
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....
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