Rajasthan High Court Raps State's Insensitive Approach In Denying Ex-Gratia To Constable's Widow, Orders Release Of ₹20 Lakh

The Rajasthan High Court quashed the State's order rejecting ex-gratia amount to an employee's illiterate widow, who was unaware of the welfare scheme and thus got delayed in applying for the same, opining that such rejection on technical grounds, despite admitted administrative delay, was a hyper-technical and insensitive approach.The bench of Justice Farjand Ali further observed that in cases of death during service, authorities must act with sensitivity and promptness, ensuring no unnecessary hardship to bereaving families on account of procedural rigidity. The petitioner's husband served as a constable, and died while being in service. The petitioner was sanctioned family pension, however, she being an illiterate woman from a rural background, was unaware of the entitlements of ex-gratia benefits under the Rajasthan Civil Services (Pension) Rules, 1996. As soon as she became aware, she submitted an application for the same, after three years of her husband's death. Even after filing the application, she was made to run from table to table, and ultimately her application was rejected on grounds of delay in filing. It was the case of the petitioner that the Superintendent of Police had admitted departmental responsibility for the delay, despite which the claim was rejected on technical grounds. Furthermore, it was submitted that the duty to inform the employees and their dependents about available benefits lied equally with the employer and failing in that amounted to administrative negligence. On the contrary, it was argued by the State that as per the 1996 Rules, the application for ex-gratia shall be made within one year of death of the employee. Since the petitioner applied it after more than 3 years, it was rightly rejected. After hearing the contentions, the Court perused the facts of the petitioner being illiterate, hailing from a rural background and immediate filing of ex-gratia application as soon as she became aware. Further, it was also highlighted that the competent officers, including the SP had categorically admitted departmental lapses resulting in the delay. In this light, the Court held that holding petitioner liable for the delay was wholly unjustified. Since delay in processing the application was entirely departmental, the petitioner could not be penalized for circumstances beyond her control. “The respondents' decision to reject the claim on technical grounds, despite their own acknowledgment of administrative fault, reflects a hyper-technical and insensitive approach inconsistent with the welfare nature of the ex gratia scheme. Such conduct defeats the very object of the pensionary provisions, which are intended to provide immediate financial relief to the bereaved family of an employee who dies in service.”Accordingly, the rejection of ex-gratia application was held to be illegal and arbitrary. While allowing the petition, the Court directed the State to give Rs. 20 lakhs as the ex-gratia amount to the petitioner within 60 days. Title: Shanti Devi v State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 378Click Here To Read/Download Order

Rajasthan High Court Raps State's Insensitive Approach In Denying Ex-Gratia To Constable's Widow, Orders Release Of ₹20 Lakh

Nupur Agrawal

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