Rajasthan High Court - Jodhpur

Dala Devi vs State Of Rajasthan (2024:Rj-Jd:41147) on 8 October, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:41147]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 16434/2024

Dala Devi W/o Late Dinesh Kumar, Aged About 37 Years,
Delwara (Rural), Jaipur, Rajasthan.
                                                                        ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through The Principal Secretary,
         Energy       Department,           Government             Of     Rajasthan,
         Secretariat, Jaipur, Rajasthan.
2.       Managing Director, Ajmer Vidhyut Vitran Nigam Limited,
         Office Vidyut Bhawan, Panchsheel Nagar, Makarwali Road,
         Ajmer, Rajasthan.
3.       Secretary (Admn.), Ajmer Vidhyut Vitran Nigam Limited,
         Office Vidyut Bhawan, Panchsheel Nagar, Makarwali Road,
         Ajmer, Rajasthan.
4.       Assistant Engineer, Ajmer Vidhyut Vitran Nigam Limited,
         Office Sedariya, Beawar, Rajasthan.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Manvendra Singh Rathore
For Respondent(s)           :     -



                HON'BLE MR. JUSTICE FARJAND ALI

Order

08/10/2024

1. This instant writ petition has been preferred under Article 226

of the Constitution of India wherein following reliefs are claimed:

"It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed:-

A. By an appropriate writ order or direction, this writ petition may kindly be allowed and the respondent authority may kindly be directed to release the ex- gratia compensation of 50 Lakhs in addition to ex- gratia compensation of Rs. 20 Lakhs, payable under

[2024:RJ-JD:41147] (2 of 6) [CW-16434/2024]

Regulation 29-A of the Ajmer Vidyut Vitran Nigam Limited pension Regulations, 1988, along with accrued interest to the petitioner.

B. By an appropriate writ order or direction, any order denying the release of ex-gratia compensation of 50 Lakhs in addition to ex-gratia compensation of Rs. 20 Lakhs payable under Regulation 29-A of the Ajmer Vidyut Vitran Nigam Limited Pension Regulations, 1988, along with accrued interest to the petitioner, may kindly be quashed and set- aside. C. By any appropriate writ order or direction, any order denying the release of ex-gratia compensation of 50 lakhs in addition to ex-gratia compensation of Rs.20 Lakhs payable under Regulation 29-A of the Ajmer Vidyut Vitran Nigam Limited Pension Regulations, 1988, along with accrued interest to the petitioner, on the ground that she has been given appointment on the post of Peon in place of her husband on compassionate basis, may kindly be quashed and set-aside.

D. Any other appropriate writ, order of direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."

2. As per the pleaded facts, the petitioner is a widow of Dinesh

Kumar (hereinafter referred to as 'deceased') who was working on the

post of Helper under the Ajmer Vidyut Vitran Nigam Limited,

Ajmer.

3. In the month of March 2020, the world witnessed the

outbreak of the Corona Virus, which profoundly impacted the

global community and altered the course of everyday life for

individuals worldwide. Apart from the frontline health workers and

other Corona warriors, Discom workers also played crucial role

[2024:RJ-JD:41147] (3 of 6) [CW-16434/2024]

which was not appreciated in true manner. During the COVID-19

pandemic they supplied uninterrupted electricity to vital facilities

viz., hospitals, laboratories, COVID care centres, and other

essential service providers.

4. The husband of petitioner was also one of the aforesaid

frontline worker. While sincerely discharging his duties, he got

infected from the corona virus and availed treatment at Ajmer

hospital. Subsequently, while battling COVID- 19, the husband of

the petitioner passed away on 20.05.2021, which was confirmed

by the hospital on the same day for which a death certificate was

issued on 27.05.2021.

5. The petitioner has filed the present writ petition against the

inaction of the respondent-authority who has declined to release

the amount of ex-gratia compensation in her favour on account of

her husband's death during COVID-19.

6. This Court while adjudicating the same issue has allowed the

writ petition in case of Deepika W/o Late Pravin Kumar,

SBCWP No.10937/2024 vide order dated 16.07.2024

observing as follows:-

10. This Court observes that the husband of the petitioner was working on the aforesaid post in the JDVVNL, Discom, Bhavi, Jodhpur and during the period of lock down he was given a task to coordinate with the concerned and to ensure continuous supply of electricity at the Covid Care Centres and he died during the course of employment. Vide order dated 27.04.2020, the Finance Department of Rajasthan decided to grant ex gratia amount of Rs.50 Lakhs to the dependents/family of employees who died due to Covid 19 Virus while fighting against Covid, whereafter the Managing Director of JdVVNL gave approval to adopt the said orders dated 11.04.2020 and 27.04.2020. As per the aforesaid Regulation, it was ordered that an amount of Rs.50

[2024:RJ-JD:41147] (4 of 6) [CW-16434/2024]

Lakhs in addition to Rs.20 Lakhs be provided to the dependent/family of the employees; so far as the matter in hand is concerned, Pravin Kumar tested positive for Covid 19 and he died on 22.04.2021.

Thereafter, under the order dated 27.04.2020 the petitioner submitted an application for grant of aforesaid benefit of Rs. 70 Lakhs, but the same was not considered.

11. This Court further observes that vide order No. F12(3)FD/Rules/2014 dated 27.04.2020, the Finance Department of Rajasthan had in continuation to the FD order No. F12(3) FD/Rules/2014 dated 11.04.2020 granted ex gratia amount of Rs.50 Lakhs to dependents/family of employees who died due to infection from Corona, while on duty for fight against Covid-19; the relevant portion whereof is reproduced as hereunder:

"The Head of such Autonomous Bodies/Boards/Corporations shall sanction the ex-gratia on recommendation of the controlling officer on being established that the employee has died due to infection from Corona, while on duty for fight against Covid-19.

Ex-gratia shall be granted from their own funds by such Autonomous Bodies/Boards/Corporations."

12. This Court also observes that the respondent department (JdVVNL) itself approved adoption of the orders dated 27.04.2020 and 11.04.2020, and accordingly, vide order dated 05.06.2020 inserted sub- regulation (2) (i) below the existing Regulation of 29- A (2) in the JdVVNL Pension Regulations, 1988 of the Nigam; the relevant portion whereof is reproduced as hereunder:

"Accordingly, sub-regulation (2) (I) shall be inserted below existing regulation 29-A (2) in the JdVVNL Pension Regulations, 1988 of the Nigam as follows, namely:-

"(2) (i) The dependents/family of the employees of the Nigam who die due to infection from Corona, while on duty for fight against Covid-19, shall be granted ex-

gratia of Rs.50.00 Lakhs, subject to filfillment of all conditions of Regulation 29-A of the JdVVNL Pension Regulations, 1988. The Managing Director, JdVVNL will sanction the ex-gratia on being established that the employee has died due to infection from Corona, while on duty for fight against Covid-19.

This ex-gratia of Rs.50.00 Lakhs shall be in addition to ex-gratia of Rs.20.00 Lakhs payable under Regulation 29-A of JdVVNL Pension Regulations, 1988. This amount shall not be allowed to those employees who are included in the Pradhan Mantri Garib Kalyan

[2024:RJ-JD:41147] (5 of 6) [CW-16434/2024]

Package: Insurance Scheme for Health Workers fighting Covid-19 declared by the Central Government."

13. This Court further observes that the pandemic was a time of terror and anxiety wherein the entire country had gone into a complete lock down and the people did not wish to leave their houses, and in such tiring times, the Health Sector of the Country was overburdened with work and to ensure the smooth functioning of the Health Sector various other departments of the Government were involved, one of them was the Electricity Department which also played a pivotal role in ensuring the continuous supply of electricity to Hospitals and Quarantine Centres/Covid Care Centres, and thus, the personnel belonging to that department played an equally important role in the collective fight against the Covid 19 Virus.

14. To ensure that the family of such citizens of our country who were involved in the continuous fight against the Covid 19 would be taken utmost care as unfortunately, their bread winners lost the lives by succumbing to the said Virus, the Government had taken various measures for such sufferers by providing them insurance policies and compensation in monetary terms, thus in the opinion of this Court, that the petitioner (wife of deceased) is entitled to receive the compensation which has already been accorded to families of akin nature; such compensation should not be denied to the petitioner. Moreover, the respondents, as reflected from the record, do not dispute regarding entitlement of the petitioner to receive the ex gratia amount of Rs.20 lakhs in addition to Rs.50 lakhs.

15. Thus, in light of the aforesaid observations and looking into the factual matrix of the present case, this Court is of the opinion that the present petition deserves to be allowed the respondents had themselves incorporated the payment of ex gratia amount of Rs. 50 Lakhs, which would be in addition to the Rs.20 Lakhs under the aforesaid Regulation and it is an established fact from the submitted RTPCR test, death certificate and the letter dated 01.05.2021 that the deceased was tested positive and falls under the category of the persons who are covered under the order dated 05.06.2020.

16. Consequently, the present petition is allowed. The respondents are directed to pay a sum of Rs.70,00,000/- to the petitioner as ex gratia , after adjusting the ex gratia amount if any, already paid to the petitioner. Such exercise shall be undertaken and completed by the respondents within a period of three months from the date of receipt of a certified copy of

[2024:RJ-JD:41147] (6 of 6) [CW-16434/2024]

this judgment, failing which the aforesaid payable amount shall carry interest @ 9% per annum till the actual date of payment. All pending applications stand disposed of.

7. The issue involved in this writ petition is squarely covered by

judgment referred above.

8. Consequently, the present petition is allowed. The respondents

are directed to pay a sum of Rs.70,00,000/- to the petitioner as ex

gratia, after adjusting the ex gratia amount if any, already paid to

the petitioner. Such exercise shall be undertaken and completed

by the respondents within a period of three months from the date

of receipt of a certified copy of this judgment, failing which the

aforesaid payable amount shall carry interest @ 9% per annum till

the actual date of payment. All pending applications stand

disposed of.

(FARJAND ALI),J 37-chhavi/-