P.B.BAJANTHRI,J. - (1.) In this petition, the petitioner has questioned the order dated 21.08.2009 Annexure P-4 by which claim of the petitioner for ex-gratia payment of her late husband Sh. S.K.Vachher has been rejected.
(2.) The deceased Sh. Sh. S.K.Vachher was working as a Development Officer in the office of the respondent. On 02.01.2003 Government introduced scheme called "The General Insurance (Rationalization of Pay Scales and Other Conditions of Service of Development Staff) Scheme 1976". It was amended as "The General Insurance (Rationalization of Pay Scales and Other Conditions of Service of Development Staff) Amendment Scheme, 2003 (for short "Amendment Scheme, 2003"). Under the said scheme, the petitioner's husband late Sh. S.K.Vachher submitted application for voluntary retirement and sought for payment of ex-gratia on 21.01.2003 (Annexure P2). Validity of the amendment scheme 2003 was pending consideration before the Supreme Court and the Amendment Scheme 2003 dated 02.01.2003 was stayed. Therefore, the respondents could not implement the amended scheme, 2003 dated 02.01.2003. In view of the pendency and stay of the amended scheme, 2003, Sh. S.K.Vachher was continued in service and he died on 05.11.2004 while he was in service.
(3.) Supreme Court uphold the Amendment Scheme, 2003 dated 02.01.2003 (Annexure P1) on 08.04.2008. The respondents could not act upon application of the deceased Development Officer Sh. S.K. Vachher on the sole ground that under the scheme for payment of ex-gratia payable under Clause 2 shall be computed as on the date of relieving. Since the deceased Development Officer Sh. S.K. Vachher could not be relieved as he died while he was in service on 05.11.2004. Since he could not satisfy the clauses mentioned in Amendment Scheme 2003 in particularly Item nos. 3(2), 5(6) and (13). Learned counsel for the petitioner submitted that the petitioner is entitled for ex-gratia benefit which was due to her late husband who had applied under Amendment Scheme of 2003 on 21.01.2003 itself. Conditions of relieving may not come in the way of present case for the reasons that Sh. S.K. Vachher died on 05.11.2004. Therefore, the respondents could not insist that petitioner is to be relieved for the purpose of granting ex-gratia amount under Amendment Scheme 2003 is highly arbitrary and it was beyond control of late Sh. S.K. Vachher and the petitioner. Therefore, rejection of the petitioner's claim for grant of ex-gratia under Amendment Scheme 2003 is to be set aside.;