IMPORTANT POINT
The court established that the families of employees who died while performing their duties during the COVID-19 pandemic are entitled to ex-gratia compensation as per the relevant regulations, reinforcing the need for timely and fair compensation for essential service workers.

ORDER :

Farjand Ali, J.

1. This instant writ petition has been preferred under Article 226 of the Constitution of India wherein following reliefs are claimed :

“It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed:-

A. By an appropriate writ order. of direction, this writ petition may kindly be allowed and the respondent authority may kindly be directed to release the ex-gratia compensation of 50 Lakhs in addition to ex-gratia compensation of Rs. 20 Lakhs, payable under Regulation 29-A of Jodhpur Vidyut Vitran Nigam Limited pension Regulations, 1988 along with accrued interest @ 18% P.A. to the petitioner.

B. By an appropriate writ order or direction, any order denying the release of ex-gratia compensation of 50 Lakhs in addition to ex-gratia compensation of Rs. 20 Lakhs payable under Regulation 29-A of Jodhpur Vidyut Vitran Nigam Limited Pension Regulations, 1988 along with accrued interest to the petitioner may kindly be quashed and set-aside.

C. Any other appropriate writ, order of direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

2. As per the pleaded facts, the petitioner is a widow of Pravin Kumar (hereinafter referred to as ‘deceased’) who was working on the post of Helper under the Jodhpur Vidyut Vitran Nigam Limited (JdVVNL), Discom, Bhavi, Jodhpur. The petitioner is a resident of Jodhpur, and has filed the present writ petition against the inaction of the respondent-authority who has declined to release the amount of ex-gratia compensation in her favour on account of her husband's death during COVID-19.

3. The brief facts of the case are that in the month of March 2020, the world witnessed the outbreak of the Corona Virus, which profoundly impacted the global community and altered the course of everyday life for individuals worldwide. Apart from the frontline health workers and other Corona warriors, Discom workers also played crucial role which was not appreciated in true manner. During the COVID-19 pandemic they supplied uninterrupted electricity to vital facilities viz., hospitals, laboratories, COVID care centres, and other essential service providers.

4. It is evident from the office order dated 21.08.2020 (Annex.1) that during the deadly wave of COVID-19, the husband of the petitioner was directed to discharge his duties at Jodhpur Discom Bhavi, which was a red zone area and the same was verified by the Communication dated 16.03.2023. Vide Communication dated 16.03.2023 sent by the Block Chief Medical Officer, Bilara it was communicated that Pravin Kumar, who was posted as Helper under the JSS Village Bhavi died on 22.04.2021 and the said place was declared as red zone. Copies of the Office Order dated 21.08.2020 and Communications dated 16.03.2023 are placed on record.

5. Vide order dated 27.04.2020 issued by the Finance Department, Government of Rajasthan, Jaipur, whereby the Finance Department decided to grant Rs.50 Lakhs ex-gratia amount to the dependents/family of the employees of Autonomous Bodies/Boards/Corporations who died while discharging their duties due to infection from Covid 19, and the Head of the aforesaid bodies were given power 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 existing 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 in addition to ex-gratia amount of Rs.20 Lakhs payable under the aforesaid Regulations.

6. Subsequently, while battling COVID-19, the husband of the pet