SOBHANA MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court seeking a direction to consider sanctioning ex gratia lump sum compensation of Rs.35.00 lacs to the petitioner as mandated under Ext.P1 to Ext.P2.

(2.) The petitioner is the widow of Pioneer (Sepoy) Mohandas K.N. of the General Reserve Engineer Force, who died while in service due to cardio-pulmonary arrest. The petitioner has approached this Court aggrieved by the non-sanctioning of ex gratia lump sum compensation as provided under the Liberalised Scheme of payment of ex gratia lump sum compensation to families of Central Government Civilian employees, who die in harness. The petitioner's husband was working in the General Reserve Engineer Force under the Ministry of Defence, which is also known as Border Roads Organisation and he had 27 years of service. The deceased was posted to 1641 Pioneer Company (GREF) in Jammu & Kashmir and later, deployed at 57 RCC (GREF), a unit located in Jammu & Kashmir, which is classified as a hard area/moderate hostile area as per the area classification of the GREF authorities. While the deceased was on sentry duty on the front gate of the unit located at Battal, he suffered a heart attack on 13/11/2017 due to adverse and inclement weather in the said hard area. Though he was shifted to the nearby hospital, he breathed his last on 13/11/2017 at about 19.30 hrs. It is submitted that the petitioner's husband did not have any history of cardiac problems, hypertension or any other related analogous complications. The petitioner, relying on Exts.P2 and P3, submits that the petitioner's husband is entitled to ex gratia lump sum compensation. Based on the same, an application was submitted, and the same was forwarded to the concerned authorities as per Ext.P4. The said request has been rejected as per Ext.P6, stating that the death did not occur in any of the circumstances mentioned in Ext.P1 office memorandum, and the death was due to heart attack, and therefore, the petitioner's husband is not entitled to any ex gratia lump sum compensation. Challenging the same, the present writ petition has been filed. The petitioner relies on Exts.P7 to P8 judgments and also the judgments in Ms.Rajni Devi Sharma v. Union of India and others (2016 0 Supreme (HP) 2010), Ram Devi v. Director General, BSF and Others (2015 0 Supreme (Del) 680), Sangita Tomar v. Union of India and others (2022 0 Supreme (Del) 1218) and the judgment of Mst. Param Pal Singh through Father v. National Insurance Company and another, (2012 0 Supreme (SC) 939) in support of the contentions.

(3.) A detailed counter affidavit has been filed by respondents 1 to 4 , wherein it is submitted that ex-gratia lump sum compensation granted as per Exts.P1 and P2 is for employees who die in the performance of their bonafide official duties under the circumstances mentioned therein. It is submitted that in accordance with Govt. of India, Min. of Personnel, Public Grievance & Pensioners (Deptt of Pension & Pensioner's Welfare) OM No.45/55/97-P&PW(C) dtd. 11/9/1998, amended from time to time and OM No.F No.38/37/2016-P&PW (A) (i) dtd. 4/8/2016, the amount of ex- gratia lump sum compensation available to the families of Central Government Civilian employees, who die in the performance of their bonafide official duties under various circumstances as under:-