J U D G M E N T

REKHA PALLI, J (ORAL)

1. The petitioner, widow of late Head Constable Bal Krishan Dwivedi who was deployed with the 6th Battalion, Border Security Force (BSF) has approached this Court seeking the following reliefs:-

“i- Allow this instant Writ petition;

ii- Consequently quash and set-aside the impugned order dated 23.05.2022 to the extent of its rejection of the request for the lump sum compensation.

iii- Grant ex-gratia lump sum compensation of Rs. 25 lakhs to the petitioner herein, holding that her husband, Late Head Constable Balkrishan Dwivedi, died accidently in course of performance of his duties;

iv- Grant interest @ 8% p.a. on (iii) above, from the date three years prior to the date of institution of this writ petition, till the date of payment.

v- To direct the respondent to pay the cost of litigation to the petitioner.

vi- To pass any other/further order/direction which this Hon‟ble Court deem fit & proper in the facts and circumstances of the case and in the interest of justice.”

2. As per the factual matrix emerging from the record, the petitioner‟s husband late Bal Krishan Dwivedi had joined the BSF as a Constable on 05.04.1988 and was, in due course of time, promoted as a Head Constable (GD). On 20.05.2011, he was, during his Annual Medical Examination, found to be suffering from Hypothyroidism and Obesity and was therefore placed in low medical category. It was, however, opined by the Medical Board that the two disabilities, from which the petitioner‟s husband was suffering were not attributable to service. It may, however, be noted that despite being placed in a low medical category, no restriction whatsoever was imposed on him for performing duties or undergoing any training.

3. In 2016, based on his willingness, the petitioner‟s husband was detailed to undergo a Map Reading STD-I course from 03.10.2016 to 31.10.2016 at STC, BSF, Jodhpur which course, it is the common case of the parties, was mandatory to enable the petitioner‟s husband to be considered for promotion to the rank of Assistant Sub Inspector. Unfortunately, on 20.10.2016, while he was carrying out a point to point exercise in Daizer Range Area as a part of the promotional course, the petitioner‟s husband at about 08:30 hours, complained of uneasiness and was therefore taken to the nearby Composite Hospital, BSF, Jodhpur, where the doctors declared him as “brought dead”.

4. In view of this sudden death of the petitioner‟s husband, a Court of Inquiry was convened on 24.10.2016 to enquire into the circumstances under which he expired. In the said Court of Inquiry (CoI), seven witnesses were examined, based on whose testimonies it was opined that the petitioner‟s husband had expired while on bonafide government duty and therefore, it was recommended that all financial benefits as per rules be extended to his legal heirs. Though based on this opinion of the CoI, the petitioner was sanctioned pension and her son namely Shri Divyansh Dwivedi granted compassionate appointment as a Constable (GD) in the BSF, her request for ex gratia compensation of Rs.25 lakhs as per the Office Memorandum dated 04.08.2016 issued by Department of Pension and Pensioners‟ Welfare was rejected vide order dated 23.05.2022. It is in these circumstances that the petitioner has approached this Court.

5. In support of the petition, learned counsel for the petitioner submits that once it is admitted that the death of the petitioner‟s late husband occurred while he was performing bonafide government duty, the respondents could not have rejected her claim for ex-gratia lump sum compensation of Rs. 25 lakhs, as per O.M. dated 04.08.2016. He submits that the respondents‟ plea that being aware of his low medical category, the petitioner‟s late husband ought to have himself refused to undergo the Map Reading course, overlooks the fact that the course was mandatory for earning further promotion. Furthermore, as per medical opinion, no restriction of any kind had been placed on the