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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, SHALINDER KAUR, JJ
Seema Jamwal – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SHALINDER KAUR, J.
1. The present petition under Article 226 of the Constitution of India has been filed by the widow of late Inspector (General Duty), Bhagmal Jamwal, who unfortunately passed away while serving with the 54th Battalion (Bn.) in the Indo-Tibetan Border Police Force (ITBPF), seeking the following reliefs:
“i) To issue a writ of certiorari for quashing of the order dated 24.12.2021 whereby the Legal notice dated 08.10.2021 has been arbitrarily rejected by the Respondents.
ii) To issue a writ of mandamus directing the Respondents to grant the benefits of Ex-gratia lump sum amount of Rs.35 lakh and extra ordinary pension as per Rule 3-A of the CCS (EOP) Rules along with arrears and interest in favour of the Petitioner considering the death of her husband whilst being on active duty at high altitude area of Arunachal Pradesh as per the policies in vogue.”
2. The following factual narration unravel the raison d'etre for filing the present petition:
a. The Shri Bhagmal Jamwal, late husband of the petitioner, (hereinafter referred to as the ‘deceased’) joined the ITBPF as a Constable (GD) on 06.11.1980 and gained various promotions during his service. He
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....
Death due to heart attack while on duty is considered accidental under compensation regulations for government employees, entitling the dependent to benefits.
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....
The court established that a heart attack can be linked to employment stress, qualifying for ex-gratia under Rule 75, but not for special pensionary benefits under Rules 109 and 110.
The court established that a heart attack occurring during the performance of duty qualifies as an accidental death under the relevant compensation policy.
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