DINESH CHANDRA SOMANI,J. - (1.) D.B. Civil Misc. Application No.869/2017 in DBSAW No.1539/2017 and D.B. Civil Misc. Application No.900/2017 in DBSAW No.1520/2017:
(2.) For the reasons mentioned in the applications, delay in filing the appeals is condoned. The applications are allowed. D.B. Civil Special Appea(W) No.1539/2017 and D.B. Civil Special Appeal(W) No.1520/2017: 1. Rule 75 of the Rajasthan Civil Services (Pension) Rules, 1996 reads as under:- "Rule-75: Ex-gratia grant to the family of a Government servant who dies while on duty in certain circumstances- (1) Subject to the provisions of this Chapter except as otherwise provided, an 'ex-gratia grant' shall be admissible under sub rule (2) to the family of a Government servant who dies while on duty in one of the following circumstances : (a) outside his normal headquarter, (b) in an accident, (c) due to injury intentionally inflicted or caused in consequence of the due performance of his official duties, (d) due to injury intentionally inflicted or caused in consequence of his official position, and (e) by violence attributable to causes relative to his service, (f) while on duty, at own headquarter or outside headquarter, in connection with special assignments like "Election duty", "Census work" and/or such other assignments which do not fall within normal duties of the post held. "(2) (a) The amount of ex-gratia grant, when the Government servant dies under the circumstance mentioned in clause (a) of sub rule (1) shall be as follows: Sum of Running Pay Ban plus Amount of ex-gratia grant Grade Pay 1. Upto Rs. 10,000/- Rs. 50,000/- 2. Above Rs. 10,000/- but below Rs. 80,000/- Rs. 20,000/- 3. Rs. 20,000/- and above Rs. 1,00,000/- (b) The amount of ex-gratia grant, when the Government servant dies under any of the circumstances mentioned in clause (b) to (f) of sub rule (1) shall be Rs. 20 Lakhs. Provided that families of deceased Government servants who are also granted relief from sundry Government sources, such as, the Prime Minister's Relief Fund, Chief Minister's Relief Fund etc. In such cases, it should be ensured that the aggregate of the relief/ex-gratia grant paid from different sources does not exceed Rs.20 lacs in each individual case." 2. Late Shri Ramji Lal, husband of the respondent was a Constable in Rajasthan Police and for purposes of promotion was required to appear at a physical efficiency test in terms of a letter dated 27.01.2014. While on the field he suffered a cardiac arrest and died. On the issue of grant of ex-gratia to the family, treating the deceased to be on duty the appellants applied clause (a) of sub-rule (1) of Rule 75 and in light of clause (a) of sub-rule(2) of the Rule in question, granted ex-gratia in sum of Rs. 80,000/-. As per the respondent it would be a case where the death had to be treated as accidental and thus ex-gratia payable as per clause (b) of sub-rule (2) of Rule 75.
(3.) Noting a departmental circular in paragraph 10 of the impugned decision as per which if a Government servant was required to attend an obligatory departmental examination, passing of which is a condition for promotion, the learned Single Judge has held that it would obviously be a case attracting clause (b) of sub-rule (2) of Rule 75.;