SAROJ DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE relief claimed in the present petition is two fold. Firstly the grant of special ex gratia and also extraordinary family pension. The brief facts are that the husband of the petitioner was working as a Clerk with the respondents. In the year 1997 he was on deputation with the PSEB. On 06.11.1997 he died in an accident on the Patiala -Chandigarh road in the evening. The petitioner was granted ordinary ex gratia payment and ordinary family pension. Thereafter he petitioner married her husband's younger brother and by letter Annexure P -2 requested the respondents to transfer her family pension in the name of her two minor children.

(2.) AS mentioned above, the prayer now is that since her husband died while on duty, she is entitled to extra ordinary pension and extra ordinary ex gratia. To support the claim that the husband of the petitioner died while on duty, learned counsel for the petitioner has relied upon letter Annexure R -1 which has been placed on record by the respondents. By this letter the PSEB had categorically stated that at the time of his death the husband of the petitioner was returning back in company with the Chairman of the PSEB and, therefore, his journey was treated as an official journey. Learned Addl. AG has argued that in the letter Annexure R -1 it is mentioned that at the time of the accident the petitioner's husband was travelling in a private vehicle and consequently the respondents did not concur with the opinion of the PSEB that he was on official duty.