SONU GUPTA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) With the consent of the parties, the writ petition is set down for final hearing.

(2.) The husband of the petitioner was employed by the Indian Railways since December, 1999. On 22.04.2004, the husband of the petitioner while performing his duty from 15:00 hours to 22:00 hours as Assistant Station Master at Parsa Khera Railway Station, was killed by some unknown anti social elements. A firearm was used and it is alleged that four persons had participated in the murder. On the same day, a criminal case was registered at P. S. GRP Junction, Bareilly against the father and brother of the petitioner with two other accused persons for the murder of the husband of the petitioner. A post - mortem was also conducted on the body of the deceased wherein it was found that at least two shots were fired on the deceased. On 04.12.2007, the accused persons were acquitted of the charges under Sec. 302 read with Sec. 34 of the Indian Penal Code.

(3.) After the acquittal of her father and brother on 30.05.2008, the petitioner submitted a representation wherein she requested the respondents for grant of family pension to be calculated equally to the last pay drawn by her husband and in accordance with the instructions issued by Railway Board circular P.S. No.12001/2000 dated 13.04.2000. In response to the representation, a calculation sheet was issued wherein it was mentioned that the last pay of the petitioner's husband was Rs. 7,725/ -. A copy of the Enquiry Report was also sent by the respondents wherein, inter alia, it was found that late Sh. Mukesh Gupta was killed while performing his duty from 20:00 hours as Assistant Station Manager at Parsa Khera Railway Station and he was killed by certain unknown persons. A sum of Rs. 4,30,560/ - was sanctioned in favour of the petitioner on 03.03.2009. The petitioner again submitted a representation dated 22.01.2010 requesting the respondents for payment of lumpsum Ex -gratia compensation. The claim of the petitioner was rejected on 18.03.2011 which led to filing of the first OA being OA No. 2405/2011. The same was allowed on 10.02.2012 with a direction to the respondents to examine the claim of the petitioner which was rejected on 04.05.2012 which led to the filing of the second OA being OA No. 3606/2012 which was dismissed on 19.12.2013 and which has led to the filing of the present writ petition.