Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:29752] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14/2012 Munni Devi W/o late Mahaveer Prasad Sharma, resident of Ward No.13, Acharwalon Ki Gali, Polo Ground, Sikar ----Petitioner Versus
1. State of Rajasthan through Principal Secretary, Department of Law and Legal Affairs, Secretariat, Jaipur
2. Rajasthan High Court, Jodhpur through Registrar General ----Respondents For Petitioner(s) : Mr. Tanmay Dhand For Respondent(s) : Mr. Sandeep Kumar Sharma, DGC HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order 04/08/2025 The matter pertains to denial of ‘ex gratia payment’ to the petitioner on account of death of her husband.
Learned counsel for the respondents submits that although, he does not dispute the legal proposition that if an employee dies while on his way to attend the office to discharge the duty, he will be treated to have died “while on duty”; but, he asserts that a perusal of the order impugned dated 09.02.2011 reflects that there was no material before the State Government to demonstrate that Shri Mahaveer Prasad Sharma-Second died while on his way to attend the duty. He undertakes that if any such material is placed before it, the matter shall be re-examined in the backdrop of the aforesaid legal proposition.
[2025:RJ-JP:29752] (2 of 2) [CW-14/2012] In view thereof, this civil writ petition is disposed of in following terms as agreed and requested by the learned counsels for the respective parties:-
1. The petitioner is at liberty to submit a representation with the State Government alongwith requisite information/document(s) to demonstrate that her late husband died while on is way to attend the duty within a period of four weeks from today.
2. The respondents are directed to decide the same by way of reasoned and speaking
order within a period of eight weeks from the date of its receipt taking into consideration the admitted legal proposition as stated hereinabove.
3. In case, the petitioner is found eligible for grant of ex gratia payment, the same shall be released in her favour within a period of four weeks from the date of decision. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J Manish/2