STATE OF PUNJAB Vs. JAGDEEP KAUR

JUDGEMENT

(1.) Aggrieved at the judgment and decree dated 15th March, 2004 passed by learned Additional District Judge, Gurdaspur whereby suit for declaration to the effect that the respondent-plaintiff was entitled to an exgratia grant of Rs.3,00,000/- on account of death of her husband in a road accident while on official duty, has been partly decreed and she has been held entitled for an amount of Rs.1,00,000/- (instead of Rs.50,000/-), that the State of Punjab has preferred this Regular Second Appeal.

(2.) The husband of the respondent-plaintiff was working as an Executive Engineer in the Drainage Department, Government of Punjab and at the relevant time, he was posted at Gurdaspur. He died in a road accident on 24.8.2001 while he was returning from Chandigarh to Gurdaspur. The respondent was paid an ex-gratia grant of Rs.50,000/-, though, according to her, she was entitled to an ex-gratia grant of Rs.3,00,000/- as per the government circular No.2/19/2000-3FPPC/641 dated 24.1.2001. Since the amount was not released despite a legal notice, the respondent filed a suit for declaration to this effect.

(3.) The appellant-State contested the aforesaid suit primarily on the ground that the husband of the respondent was not on official duty and was on a private visit when he died in the road accident. On a consideration of the evidence on record, especially letters dated 21.9.2001 (Ex.P2) and 4.9.2001 (Ex.P4), both the Courts have concurrently held that the husband of the respondent died in a road accident while on duty. Notwithstanding the said finding, learned trial Court dismissed the suit as according to it, the respondent was entitled for an exgratia grant of Rs.50,000/- only.