Statutory entitlement for widows of deceased police personnel includes timely processing of pension and ex gratia benefits, regardless of prior ignorance of legal rights.

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 benefits. However, the petitioner is an illiterate woman who was unaware of these legal provisions and could not submit an application earlier.

2.3. After learning of her entitlement, the petitioner issued a notice for demand of justice dated 21.09.2020 seeking special pension under the Rajasthan Civil Services (Pension) Rules, 1996, and ex gratia compensation of Rs. 20,00,000 under Rule 75(2)(b), along with interest at 12% per annum. Despite the notice, the petitioner has not been granted special pension or even normal pension and has therefore been compelled to approach this Court seeking appropriate relief by way of filing the instant Writ Petition. 3. Learned counsel for the petitioner contends that the petitioner is the widow of Late Shri Jog Singh, Police Constable No. 712, who was serving in the First Battalion of the Rajasthan Armed Constabulary, Mandore Road, Jodhpur, and who sustained fatal injuries in a road accident on 27.01.2004 while discharging his official duties. The factual matrix surrounding the incident stands substantiated through the FIR, placed on record as Annexure–1, and the death certificate, annexed as Annexure–2. In acknowledgment of the nature of his sacrifice, the respondent department officially accorded him the status of “Martyr” and included his name at Serial No. 2 in the list published during the ceremony held in 2016, as evidenced by the communication dated 07.09.2016 (Annexure–3). Under the statutory framework of the Rajasthan Civil Services (Pension) Rules, the widow of a police personnel who dies in the course of duty is entitled to special pension and ex gratia benefits as a matter of statutory right. The petitioner, being an illiterate woman with no awareness of her legal entitlements, was unable to approach the authorities earlier. Upon gaining knowledge of her rights, she served a notice for demand of justice on 21.09.2020, seeking disbursement of special pension and ex gratia compensation of Rs. 20,00,000 under Rule 75(2)(b), along with consequential interest. Despite the service of notice, no steps have been taken by the respondents to process even ordinary family pension, much less the legally mandated special pension and ex gratia amount, thereby compelling the petitioner to invoke the extraordinary jurisdiction of this Hon’ble Court.

3.1. It is further urged that the death of the petitioner’s husband occurred indubitably in the line of duty, thus attract