D.S. Tewatia, J. - (1.) The petitioner is the wife of Shri Kashmira Singh, social studies Master, Government High School, Rayya, District Amritsar who allegedly died on 1.3.1969 while in government service. The petitioner has alleged that family pension was sanctioned and issued to her void P.P.O.No. 3085/S/FP, that payment of gratuity and G.P. Fund was also made to her. She applied for ex-gratia grant admissible under Rule 2.7 of the Punjab Civil Services Rules, Volume-II. The petitioner in the first instance submitted the application for the payment of ex-gratia grant to respondent No. 4 Head Master, High School Rayya. The petitioner thereafter addressed a number of communications to the respondents. She alleges that she produced the death certificate obtained from the Sarpanch, Gram Panchayat, Rayya, which was attested by the Lambardar, Chowkidar of the village and the S.H.O. of Police Station. Respondent No. 2, however, insisted upon being supplied with the death certificate from the Registrar of Births and Deaths. The petitioner alleges that such a certificate could not be procured because the village Chowkidar negligently failed to make an entry in the register of births and deaths and on that account failed to communicated the fact to the Registrar of Births and Deaths. When her efforts did not bear fruit, she approached this court seeking a writ of mandamus.
(2.) None of the respondent had filed any reply to the petition which means that the allegations that her husband had died on 1.3.1969 while in Government Service; that she had been given family pension by the Government and that she had been paid the gratuity and the G.P. Fund, have remained uncontested. In view of the above, the death of the husband of the petitioner remains no longer in controversy nor remains in controversy the fact that he died while in government service. Hence, I allow the petition and direct the respondents to make the ex-gratia payment admissible to the petitioner under Rule 2.7 of the Punjab Civil Service Rules, Volume-II with interest at 12 percent from the date she became entitled to the payment. While making the payment the amount of Rs. 5000.00 already paid to her shall be taken into account and interest to that extent shall not be paid to her. The petition is allowed with no order as to costs. Petition allowed.;