LAWS(DLH)-2004-4-89

USHA RANI Vs. DELHI TOURISM AND TRANSPORTATION

Decided On April 28, 2004
USHA RANI Appellant
V/S
DELHI TOURISM ANDTRANSPORTATION Respondents

JUDGEMENT

(1.) Petitioner is the wife of Late Shri Inder Jeet Singh. On 6th October, 1998 while late Sh. Inder Jeet Singh was working as a salesman at the liquor vend operated by respondent No.l, an attempt to commit dacoity took place at the liquor vend. Late Sh. Inder Jeet Singh fought the armed dacoits. The dacoity was, thus, avoided due to the act of Late Sh. Inder Jeet Singh. Unfortunately, he received two bullet injuries in his backbone as a result of which he died.

(2.) Grievance of the petitioner is that her husband, who was an employee of respondent No. 2 i.e. the Excise Commissioner, Government of NCT Delhi was entitled to benefits under the CCS [Extra Ordinary Pension Rules] coupled with the Government of India OM No. 45/55/97-P&PW (c) dated 11.9.1998. Since he was absorbed under respondent No.l with his service conditions protected, petitioner was entitled to relief from respondent No. 1.

(3.) It is not disputed that as per the said Office Memorandum, a government employee who dies in special circumstances such as attack by or during action against extremists and anti-social elements while in course of duty is entitled to an ex-gratia lump sum of Rs. 5 lakhs.