STATE OF RAJASTHAN Vs. MST MADHU BALA WIDOW OF LATE SHRI MADAN SINGH RAJPUROHIT, RESIDENT OF FATEH SAGAR, JODHPUR

JUDGEMENT

(1.) The present appeal arises from order dated 08th January 2015 allowing S.B. Civil Writ Petition No.953 of 1999. The Learned Single Judge held that the respondent was entitled to special pensionary award under rule 268 of the Rajasthan Service Rules, 1951 (hereinafter referred to as 'the Service Rules') from the date of death of her husband, who was a Constable. The arrears were directed to be paid within 3 months with interest at the rate of 9% per annum under Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter referred to as 'the Pension Rules') failing which it was to carry interest at the rate of 12% per annum.

(2.) Learned Counsel for the Appellant submitted that the deceased did not die while on duty but when he was going home after duty hours. Hence the question of any special pensionary award for death while on duty does not arise. It was next submitted that death having taken place on 15th November 1979, the claim for special pension by filing Writ Petition in the year 1999, about 20 years later was highly belated. Reliance was placed on 2007 (9) SCC 274. It was next submitted that the writ petition having been filed in the year 1999, the Pension Rules would apply and the respondent was not entitled to special pensionary award under Rule 109(1)(ii) of the same. Service Rule 268(hhh) was inserted by an amendment on 13th January 1989 with effect from 01st April 1986. Death having taken place on 15th November 1979, the question of granting any ex gratia payment does not arise.

(3.) Learned counsel for the Respondent submitted that Rule 268(I) in Chapter XXIII-B of the Service Rules provides for special pensionary award. Sub-clause (ii) thereof provides that it would be payable to those killed while on duty as a result of enemy action. In D.B. C.W.P. No. 1668 of 1987- Smt Savita Yadav v. State of Rajasthan and others, a Division Bench of this Court on 11th January 1990 struck down the words "as a result of enemy action", confining it to death while on duty only, holding the classification to be arbitrary.