STATE OF RAJASTHAN Vs. SURAJ KANWAR

JUDGEMENT

(1.) We have heard learned counsel appearing for the appellants.

(2.) This Special Appeal arises out of the judgment of learned Single Judge, by which he has allowed the writ petition, and while setting aside the order dated 28.09.2012, directed to give the benefits to the petitioner as per Chapter VII of the Rajasthan Civil Services (Pension) Rules, 1996 (in short, 'the Pension Rules, 1996'), and to pay the amount payable without any delay. The arrears were directed to be paid within 30 days from the production of a certified copy of the judgment, with interest @ 9% per annum.

(3.) The writ-petitioner/respondent's husband was serving as a Constable Driver in the Police Department in the State of Rajasthan. He was deputed for duties in the Lok Sabha Elections of 1996, at Jaisalmer. While he was resting in his barrack in police line at Jaisalmer, he died of heart attack. An ex gratia payment was paid to his wife under Rule 268 HH of the Rajasthan Service Rules, 1951 (in short, 'the Rules of 1951'), observing that the husband of the petitioner died, in connection with election duty. Her request for special pension was rejected, on which she filed a writ petition, giving rise to this Special Appeal.