SMT. RAMESHWARI DEVI WIFE OF LATE SHRI RAMJI LAL Vs. THE STATE OF RAJASTHAN, THROUGH PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT OF RAJASTHAN, JAIPUR

JUDGEMENT

(1.) Both the writ petitions have been filed by the common writ petitioner relating to her husband and are being decided together.

(2.) Brief facts to be noted are that the husband of the petitioner was a Constable in Rajasthan Police. He was asked to appear for physical efficiency test which was part of the examination for the purpose of promotion. It is stated that he had cleared the written test and for out door test he was directed to appear in out door test and while participating in running test, he expired. He was 46 years' old and had been asked to run 2 K.M. in 15 minutes and a letter had been issued on 27.01.2014 by the Officers directing him for participating in the test. It is stated that without conducting medical test and his physical fitness, the authorities had asked him to participate in the running test. A guard of Honour was accorded to deceased Ramji Lal and thus has been treated to have died while on duty. Application was submitted by the petitioner for grant of ex-gratia amount on account of accidental death while on duty. Vide order dated 18.09.2014 ex-gratia payment under Rule 75(2)(a) of the Rajasthan Civil Services (Pension) Rules of 1996 was allowed. In S.B. Civil Writ Petition No.11470/2014 the petitioner prays for exgratia grant under Rule 75(2)(b) of the Pension Rules. In stead of what has been granted under Rule 75(1)(a) of the Rules of 1996.

(3.) In S.B. Civil Writ Petition No.2072/2015 the petitioner claims that she is entitled for special pensionary award for which she has already submitted an application on 26.11.2014 special pension is granted under Rule 109 and 111 of the Pension Rules of 1996.