The court established that a heart attack occurring during the performance of duty qualifies as an accidental death under the relevant compensation policy.

JUDGMENT :

(Deepak Roshan, J.)

The instant writ application has been preferred by the petitioner for the following reliefs:

“(A) For quashing/setting aside the decision as contained in memo no.457 dated 02.04.2018 (Annexure-7) issued by the Director, Sports & Youth Affairs Directorate, Government of Jharkhand, Ranchi (respondent no.3 herein) whereby and whereunder the petitioner has been informed that she is not entitled to payment of exgratia lump-sum compensation on account of death of her husband Late Ram Lalit Singh (ex-District Sports Officer, Hazaribagh); as being illegal-against law, unconstitutional, arbitrary, malafide and which is also against the opinion given by the state level medical board so obtained by the department itself AND/OR for payment of exgratia lump-sum compensation of Rs.10.00 lacs in view of state government resolution bearing memo no.1192 dated 11.06.2011, with interest @12% w.e.f. the date of death i.e. 15.02.2011.

(B) For a direction upon the respondents to pay adequate compensation to the petitioner for the harassment and agony caused to her.

(C) For any other reliefs to which the petitioner is legally entitled to in law and equity.”

2. The brief facts of the case as per the pleadings are that the husband of the petitioner, namely, Ram Lalit Singh (now deceased) was employed under the Tourism, Arts, Culture, Sports & Youth Affairs Department, Government of Jharkhand, Ranchi and working as District Sports Officer, Hazaribagh. The husband of the petitioner died while employed on 15.02.2011, at which time he was deputed at Khelgaon in the 34th National Games 2011 by the State Government vide order dated 08.02.2011 issued by the Inspector General of Police, S.T.F. In support of death of the husband of the petitioner, a death certificate has also been issued by the competent authority dated 17.03.2011 which is annexed as Annexure-1 to the writ application.

3. The case of the petitioner is that her husband died due to cardiac arrest when he was admitted in RIMS, Ranchi. The dead body carried certificate issued by RIMS, Ranchi mentioning the cause of death 'CRA' i.e. Cardio Respiratory Arrest. In the Final Diagnosis column MI (i.e. Myocardial Infarction), CAD (i.e. Coronary Artery Disease), POST PTCS (i.e. Percutaneous Transluminal Coronary Angioplasty), LCX (Left Circumflex), Tripple Vessel Disease are mentioned.

4. The grievance of the petitioner is that when ex-gratia lump-sum compensation on account of death of her husband was not given to her; she filed representation before the respondent-authorities but when she did not get any response, she represented before the Hon’ble Prime Minister of India vide her letter no.08 dated 19.05.2016. Pursuant thereto; the petitioner received a letter bearing Memo No. 457 dated 02.04.2018 issued by the respondent no.3; whereby she has been informed that she is not entitled to payment of ex-gratia lump-sum compensation on account of death of her husband late Ram Lalit Singh. Being aggrieved of this, the petitioner filed the instant writ application.

5. Learned counsel for the petitioner submits that the State Government vide Finance Department Resolution bearing Memo No. 1192 dated 11.06.2011 adopted the Central Government policy and provided for payment of ex-gratia lump-sum compensation to the family of the deceased State Government employee who died on duty. This benefit has been made to be implemented w.e.f. 01.01.2006. It has been further submitted that in view of the provision/policy decision as contained in the aforesaid Resolution of the State Government of Jharkhand, the petitioner became entitled to payment of ex-gratia lump-sum compensation of Rs.10.00 lacs and the case of this petitioner is falling under the first category 'ka' as provided in said Resolution No.1192 dated 11.06.2011.

It has further been submitted that through RTI reply dated 17.05.2018, the petitioner came to know the file noting from which it transpires that after receipt of the PMO let