IMPORTANT POINT
The main legal point established in the judgment is the entitlement of the petitioner to receive the ex gratia amount of Rs. 70 Lakhs under Regulation 29-A (2) of JdVVNL Pension Regulations, 1988 and the conditions for granting ex gratia amount to the dependents/family of employees who died due to Covid 19 Virus while fighting against Covid.

JUDGMENT :

1. This writ petition has been preferred under Article 226 of the Constitution of India claiming the following reliefs:

“It is therefore, most humbly and respectfully prayed that the writ petition may kindly be allowed and by issuing an appropriate writ, order or direction:-

i. The order dated 18.01.2021 (Annexure-16) may kindly be quashed and set aside.

ii. The respondents may be directed to release the Ex Gratia amount of 70 Lac Rs.

iii. The interest be awarded in favour of the petitioner @ 10% p.a. from the date when the claim was arbitrarily rejection by the respondents i.e. from 18.01.2021.

iv. That the Hon’ble Court may be pleased to impose substantial cost on the respondents in the facts and circumstances of the case.”

2. As per the pleaded facts, the petitioner is a widow whose husband, Late Shri Megha Ram Prajapat (hereinafter referred to as ‘deceased’) was working on the post of Executive Engineer in Jodhpur Vidyut Vitran Nigam Limited (JdVVNL), Balotra. After lock down took place due to Covid 19 pandemic, the Superintendent Engineer (Pavas) Jodhpur Discom, Barmer vide order dated 10.04.2020 directed the deceased to ensure continuous supply of essential service of electricity to Covid Care Centres/Quarantine Centres.

2.1. Thereafter, the Finance Department, Government of Rajasthan vide order dated 27.04.2020 decided to grant Rs.50 Lakhs ex gratia amount to the dependents/family of the employees of Autonomous Bodies/Boards/Corporations who lost their lives while working on duty due to Covid 19 Virus, and the Head of the aforesaid bodies were to sanction the said amount on recommendation of the Controlling Officer; furthermore, vide order dated 05.06.2020, the respondent-Managing Director, JdVVNL accorded its approval to adopt the earlier orders issued by Finance Department relating to grant of Rs.50 Lakhs and in accordance with the same inserted regulation 2 (i) below the Regulation 29-A (2) in the JdVVNL Pension Regulations, 1988 wherein the above-said amount was to be granted subject to fulfilment of all conditions of Regulation of 29-A of JdVVNL Pension Regulations, 1988 and the said amount was to be in addition to ex gratia amount of Rs.20 Lakhs payable under the aforesaid Regulations.

2.2. Subsequently, on 04.09.2020, the deceased felt sick and tested positive for Covid 19 Virus whereafter unfortunately he soon lost his life due to multi organ failure on 12.09.2020. Thereafter, in view of the order dated 05.06.2020, the petitioner submitted an application alongwith Form-17 seeking grant of ex gratia amount of Rs. 50 Lakhs with an amount of Rs.20 lakhs (as per the Pension Regulations), whereafter the respondent No.2 addressed a communication dated 05.11.2020 to the Zonal Chief Engineer (Barmer Zone) seeking a detailed report, in regard to entitlement of the petitioner to receive the ex gratia amount. In pursuance of the same, the Zonal Chief Engineer (Barmer Zone) wrote a letter to the Superintending Engineer (Pavas), Jodhpur Discom, Jodhpur seeking a comprehensive and detailed report in the matter in question. However, despite the above, vide order dated 18.01.2021, the respondent No.2 refused to accord the above-said benefits to the petitioner.

3. Learned counsel for the petitioner submitted that even though the State Government, as per the aforesaid order, declared compensation of Rs. 50 Lakhs and thereafter the respondents had under the directions of the State Government vide order dated 05.06.2020 introduced the scheme for payment of ex gratia amount of Rs.50 Lakhs by way of amendment in the Regulations, the same being in addition to the Rs. 20 Lakhs under the aforesaid Regulation, however no amount was released in favour of the petitioner.

3.1. It was further submitted that vide the impugned order, the entire claim of Rs. 70 Lakhs was rejected with the reason that it was not established that the deceased expired due to Covid 19 Virus while fighting against the same on duty.

3.2. It was also submitted that th