SANGITA TOMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred by the petitioner, the widow of late Ram Kumar Singh EXGO -004185K AE 9 CIVIL, who was working with Esteemed Border Roads Organizations (EBRO), seeking grant of ex gratia compensation under guidelines vide DoP& Pw OM NO. 45l55/97-P& Pw (C) dtd. 11/9/1998 as amended from time to time as well as for her appointment on compassionate grounds. Consequentially, petitioner is seeking setting aside of orders dtd. 19/10/2019 and 23/4/2020 passed by the Officer Commanding 91 Road Construction Coy (GREF), vide which her application dtd. 25/11/2018, seeking the aforesaid reliefs, has been rejected. The petitioner claims to have filed an appeal dtd. 4/2/2020 against the aforesaid orders to the Director General Border Roads, New Delhi, which was not decided till filing of the present petition.

(2.) The petitioner's husband was appointed in EBRO in the year 1985. On 20/1/2018, while being posted at 476RMPL in Shergaon Arunachal Pradesh, he felt uneasiness in breathing, which he was complaining of last two-three days. He complained it to one of his colleagues and was rushed to Military Hospital Tenga Valley, at a distance of 65 kilometres and took three hours to reach there. On the way, his heart got severely damaged, which proved fatal for him and he succumbed to death on the next day i.e. 21/1/2018.

(3.) Consequent upon demise of AE (CIV) Ram Kumar Singh i.e. petitioner's husband, the respondents claim to have granted compensation to the tune of Rs.62,91,608.00 on account of terminal benefits entitled as per Government rules to his Next of Kin (NoK) i.e. petitioner, his wife and also granted pension as per rules by the last serving unit of the deceased. Being dissatisfied with non-payment of ex-gratia amount in the sum of Rs.35,00,000.00, petitioner filed an application dtd. 25/11/2018 to the Commandant GREF Centre for and Records Dighi Camp, Pune-15 praying for grant of ex gratia compensation, which was rejected by the competent authority vide letter dtd. 19/10/2019 intimating that ex gratia lump sum amount does not apply to the NoK of deceased AE (CIV) Ram Kumar in view of DGBR letter no. PF/EXGO-4185K/RKS/09/ElB dtd. 5/9/2019, as his death was caused due to the heart attack.