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.

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. in regard to unnatural death of the husband of the petitioner.

Learned counsel further submitted that in view of provisions of the Rules of 1996, the petitioner is entitled for ex-gratia amount and so also the special pensionary award.

3. Learned counsel appearing for the respondents has opposed the claim of the petitioner and submitted that the ex-gratia amount is not payable in case of a death occurred due to heart failure. Learned counsel also submits that the benefit of special pensionary award is not available to the petitioner under the provisions of Rule 109 and 110 of the Rules of 1996 as the same are not applicable to the case of the petitioner.

4. Considered the submissions made by learned counsel for the respective parties.

5. The brief facts noted are that the husband of the petitioner was a Police Officer under the respondents Home Department and was working on the post of Assistant Sub-inspector and was posted at Police Station Mahawa, District Dausa. On 06.02.2023, when husband of the petitioner was on duty at Police Station Mahawa, District Dausa he suffered a heart attack and died. An inquest report No.4/2023 (Annexure-3) was registered at Police Station Mahawa, District Dausa on 06.02.2023 in regard to unnatural death of the petitioner’s husband. The contents of the report No.4/2023 registered under Section 174 Cr.P.C., clearly speaks that the petitioner suffered a heart attack which resulted in his death while he was on duty. The petitioner after death of her husband, submitted an application for grant of ex-gratia amount and so also the special pensionary benefit. The petitioner also served a notice for demand of justice through her counsel.

6. The first issue relates to the grant of ex-gratia amount in view of the provisions of Rule 75 of the Rules of 1996. The Rule 75 of the Rules 1996 is quoted as under:-

“Rule 75. Ex-gratia grant to the family of a Government servant:-

(1) Subject to the provision of this chapter except as otherwise provided, an ex-gratia grant shall be admissible under sub-rule (2) to the family of a government servant who dies while on duty in one of the following circumstances, namely :-

(a) in an accident;

(b) due to injury intentionally inflicted or caused in consequence of the due performance of his/her official duties;

(c) due to injury intentionally inflicted or caused in consequence of his/her official position;

(d) by violence attributable to causes relative to his/her service; or

(e) in connection with special assignments like “Election Duty”, “Census work” and/or such other assignments which do not fall within normal duties of the post held by the government servant.

[(2) The amount of ex-gratia grant to the family of a government servant who dies in one of the circumstances mentioned in sub-rule (1) shall be