[2026:RJ-JP:6220]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14319/2021 Sitara Bano W/o Late Shri Babloo Khan, Resident Of 1904, Futalya Bagh, Ajmer Road, Sodala, Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Energy, Secretariat, Government Of Rajasthan, Jaipur.

2. The Secretary, Department Of Finance, Government Of Rajasthan Secretariat, Jaipur.

3. The Chairman, Jaipur Discom, Vidyut Bhawan, Jyoti Nagar, Jaipur.

4. The Managing Director, Jaipur Vidyut Vitran Nigam Limited, Jyoti Nagar, Jaipur.

5. The Director, (Finance), Jaipur Vidyut Vitran Nigam Limited, Jyoti Nagar, Jaipur.

6. The Chief Personnel Officer, Jaipur Vidyut Vitran Nigam Limited, Jyoti Nagar, Jaipur.

7. Assistant Engineer (H.t.m. - Ii), Jaipur Vidyut Vitran Nigam Limited, Jaipur Discom Rambagh Circle, Jaipur..

----Respondents For Petitioner(s) : Mr. Neeraj Kumar Sharma For Respondent(s) : Mr. Shailesh Prakash Sharma with Mr. Manan Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

10/02/2026

1. S.B. Civil Writ Petition No. 14319/2021 is preferred with following prayer:-

It is therefore, most respectfully prayed that this Hon'ble court may very graciously be pleased to accept and allow this writ petition and further be pleased to:

(i) Issue direction to the respondents to give the benefit of ex-gratia amount of the tune of Rs. 50,00,000/- along with 18% interest in favour of the petitioner as her late husband shri Babloo Khan died due to covid-19 infection during the course of employment while he was discharging duties at 33/1 K.V. Grid sub station, SMS premises, Jaipur till the date of payment from date of entitlement;

(ii) Issue direction to the respondents to extent the ex-gratia amount and other benefits at par with the other similar situated legal heirs of the categories of the deceased persons mentioned in the circular dated

17.6.2021;

(iii) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favor of the petitioner.

2. Learned counsel for petitioner has filed Application No. 01/2025 along with order dated 13.02.2024 in S.B. Civil Writ Petition No. 7194/2022, Sugan Prajapat vs. Jodhpur Vidyut Vitran Nigam Limited and another, passed by Coordinate Bench at Principal Seat, Jodhpur. He further submits, considering the policy of the respondent, (another DISCOM), Hon'ble Court has directed for release of ex-gratia on death of employee of DISCOM during period of COVID-19 due to infection of COVID-19.

3. Learned counsel appearing on behalf of respondent(s) suggested that petitioner may at the most submit a representation and the same will be examined by the respondent(s)-department. 4. Heard learned counsel for the parties and perused the material placed on record, in particular, the ratio laid down by a Coordinate Bench in the case of Sugan Prajapat (supra).

5. The policy as discussed by the Co-ordinate Bench regarding ex-gratia payment of ₹70 lac on death of employee to the dependents implemented to maintain essential services for the benefit of public at large and if anyone (employee) has suffered due to COVID-19 and succumbed to said infection, then it is the duty of the respondent to follow and implement the policy in letter and spirit.

6. A Coordinate Bench in the case of Sugan Prajapat (supra) has considered the judgment of Hon’ble Supreme Court in the case of Gaurav Kumar Bansal vs. Union of India & Ors. Civil Writ Petition No. 4539/2021, and a fact that if a person lost his life due to COVID-19, then his family/dependents are entitled for ex-gratia amount., as per policy.

7. The order dated 13.02.2024 in the case of Sugan Prajapat vs. Jodhpur Vidyut Vitran Nigam Limited (supra) is challenged by the DISCOM by filing D.B. Special Appeal No. 603/2024 before this Court at Principal Seat, Jodhpur, and on 18.02.2025, the DISCOM was directed to make payment within an outer limit of 30 days.

8. Having taken note