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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Agar Kanwar @ Agro Kanwar W/o Shri Jog Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. By way of filing the present Writ Petition under Article 226 of the Constitution of India, the petitioner seeks the issuance of an appropriate writ, order, or direction commanding the respondents to disburse the ex gratia amount due to her, along with interest thereon at the rate of 12% per annum.
2. Briefly stated the facts of the case are that the petitioner is the widow of Late Shri Jog Singh, Police Constable No. 712, who was posted in the First Battalion, Rajasthan Armed Constabulary, Mandore Road, Jodhpur. The deceased constable died on 27.01.2004 due to a road accident that occurred while he was performing his official duties. The circumstances of the accident are recorded in the FIR and his death certificate has also been placed on record.
2.1. The respondent department subsequently recognized the petitioner’s husband as a “Martyr” and included his name at Serial No. 2 in the official list issued during a ceremony held in 2016. This recognition is reflected in the communication dated 07.09.2016 placed on record.
2.2. Under the applicable pension rules, the widow of a police personnel who dies in the line of duty is entitled to special pension as well as ex gratia ben
Statutory entitlement for widows of deceased police personnel includes timely processing of pension and ex gratia benefits, regardless of prior ignorance of legal rights.
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The central legal point established in the judgment is that the death of constables while discharging duties in a naxalite area is considered as a death occurring in an anti-naxal operation, entitlin....
The court ruled that while a widow's claim for pension may be suspended due to criminal charges, the child's right to terminal dues and family pension must be upheld.
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, reinfo....
The duty of a police personnel to tackle 'anti-social elements' as per the Government Order can make them eligible for extraordinary pension under Rule 3 of the U.P. Police Extraordinary Pension Rule....
Extraordinary pension can be granted to police personnel who die while on duty, as per the Government Order dated 19.08.1988.
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