Rajasthan High Court Mandates Prompt Disbursal of Ex Gratia Benefits to Widow of Deceased Constable

Court Quashes Rejection of Ex Gratia Claim, Citing Administrative Lapses and Urges Authorities to Act Sensitively

In a landmark judgment, the Rajasthan High Court has directed the State of Rajasthan to promptly disburse ex gratia benefits to Shanti Devi, the widow of a deceased constable, Late Shri Prem Pal, who died in the line of duty. The order, passed by Justice Farjand Ali, quashes the previous denial of her claim on the grounds of delay, deeming it arbitrary and unsustainable. 

Shanti Devi filed a writ petition under Article 226 of the Constitution of India, seeking the release of ex gratia benefits following her husband's tragic death in a service-related accident on June 2, 2013. Despite her submission of a complete application for the benefits in December 2016, her claim was rejected in April 2018 due to procedural delays attributed to departmental lapses rather than her own fault. 

The court recognized the petitioner's entitlement to ex gratia benefits under the Rajasthan Civil Services (Pension) Rules, 1996, specifically under Rules 75 and 105. The judgment emphasized that the rejection of her claim solely on technical grounds was unjust, particularly given that several competent authorities, including the Superintendent of Police, Pali, recommended her case and acknowledged the delay as a departmental failure.

Justice Ali underscored the importance of administrative responsibility under Articles 14 and 21 of the Constitution, which enshrine the principles of equality and the right to life. The judgment criticized the insensitivity and hyper-technical approach of the authorities, which contradicts the welfare nature of pension schemes designed to provide immediate financial relief to bereaved families.

The court ordered the respondents to process and release the ex gratia amount of Rs. 20,00,000 to Shanti Devi within 60 days, treating the death of her husband as a service-related casualty. The judgment serves as a reminder to authorities to implement welfare provisions in their true spirit and not frustrate them with procedural rigidity.

This judgment sets a precedent for sensitivity and promptness in handling cases of service-related deaths, urging authorities to ensure that bereaved families are not subjected to unnecessary hardship due to administrative lapses.

Bottom Line:

Ex gratia benefits under welfare pension schemes must be disbursed promptly, especially in cases involving service-related deaths, without penalizing claimants for departmental delays or procedural rigidity.

Statutory provision(s): Rajasthan Civil Services (Pension) Rules, 1996 Rules 75 and 105, Constitution of India, 1950 Articles 14 and 21

Shanti Devi v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2807630