[2025:RJ-JP:27406] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5804/2016 Smt. Salma B W/o Late Shri Jahid Ahmed Constable No. 651, Near Naion Ki Masjid, Heer Chowk, Tonk District Tonk, Rajasthan ----Petitioner Versus 1. State Of Rajasthan Through Principal Secretary, Department Of Home, Govt. Secretariat, Jaipur 2. Director General Of Police, Rajasthan, Police Headquarter Rajasthan Jaleb Chowk, Jaipur 3. District Superintendent Of Police, District Tonk Rajasthan ----Respondents For Petitioner(s) : Mr. Rajiv Bandhu For Respondent(s) : Mr. Vinod Kumar Gupta HON'BLE MR. JUSTICE SUDESH BANSAL Order 22/07/2025 1. In the instant case, petitioner's husband Shri Jahid Ahmed, a Constable died due to receiving heart stroke on 26.03.2011. At that point of time, petitioner was posted as Constable in the Office of Superintendent of Police, District Tonk. Petitioner has been paid ex-gratia amount of Rs.80,000/- vide order dated 18.06.2014 (Annx.3), however, petitioner is claiming entitlement for Rs.10,00,000/- as ex-gratia amount under Rule 75 of the Rajasthan Pension Rules, 1996 (for short, 'the Rules of 1996'), hence, this writ petition under Article 226 of the Constitution of India, has been filed. 2. It is not in dispute that petitioner's husband was drawing basic pay of Rs.11,740/-, at the time of his death. [2025:RJ-JP:27406] (2 of 2) [CW-5804/2016] 3. As per Rule 75(2)(a) of the Rules of 1996, prevailing at the relevant point of time, the persons running in pay band plus grade pay between 10000-20000, were entitled for ex-gratia grant of Rs.80,000/-. The relevant portion of Rule, as notified in the Notification dated 25.02.2009, is being reproduced hereunder: 3. In the aforesaid rules- the existing sub-rule (2) of Rule 75 and sub-rule (1) of Rule 76 shall be substitued by the follow- ing, namely:- 75(2) (a) The amount of ex-gratia grant, when the Govern- ment servant dies under the circumstance mentioned in clause (a) of sub rule (1) shall be as follows:- Sum of Running Pay Band Amount of Plus Grade Pay ex-gratia grant (i) Upto Rs.10000/- Rs.50,000/- (ii)Above Rs.10000/- but below Rs.20000/- Rs.80,000/- (iii) Rs.20000/- and above Rs.1,00,000/- 4. Counsel for petitioner is not able to show that how the petitioner is entitled for ex-gratia grant of Rs.10,00,000/-, which is governed by Rule 76 of the Rules of 1996. The case of death of petitioner's husband is not governed by Rule 76 of the Rules of 1996. 5. Accordingly, the writ petition is hereby dismissed. 6. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J TN-Ronak/ 152