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GANESH RAM MEENA
Magan Bai Meena W/o Late Shri Ramavtar Meena – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary Department Of Home – Respondent
JUDGMENT :
Ganesh Ram Meena, J.
1. The instant writ petition has been filed by the petitioner with a prayer to issue appropriate writ, order or direction to direct the respondents to release ex-gratia amount of Rs.20,00,000/- in terms of Rule 75(2)(b) of the Rajasthan Civil Services (Pension) Rules, 1996 (for short “the Rules of 1996”) which is payable to her alongwith interest from the date of the death of her husband @9% per annum and further to grant her special pensionary award in terms of Rule 109 read with Rule 111 of the Rules of 1996 and interest @9% per annum on the arrears.
2. Learned counsel for the petitioner submitted that the husband of the petitioner, namely, deceased Ramavatar Meena at the relevant time i.e. on 06.02.2023 was working on the post of Assistant Sub-inspector in the Police Department and was deputed at Police Station Mahawa, District Dausa. Counsel further submitted that the husband of the petitioner was performing his duties with honesty and dedication to the Department. On 06.02.2023, when the husband of the petitioner was on duty he suffered a heart attack while performing the duties assigned to him. A report was also registered under Section 174 Cr.P.C
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.
Statutory entitlement for widows of deceased police personnel includes timely processing of pension and ex gratia benefits, regardless of prior ignorance of legal rights.
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....
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