1. The petitioner is a widow of one Shri Fakirmohmad I. Diwan, who was serving as Police Constable. It is the case of the petitioner that her late husband when was serving in Langhanaj Police Station, District Mehsana, he was severely beaten, assaulted and killed while performing his duty in the area under Langhanaj Police Station . As stated in the petition, persons who assaulted the late husband of the petitioner came to be tried in Sessions Case No.18 of 1990 and sentenced for life imprisonment on 29.6.1991.
2. Learned advocate for the petitioner placed on record a copy of the FIR registered on 22.9.1989 with Langhanaj Police Station. The information as regards the assault of the late husband of the petitioner was given by Head Constable Sonsinh Kochavsinh and as per his say in the FIR, when he along with late husband of the petitioner was patrolling in the area of Ambaliyas village and and Station area, in the morning, when late husband of the petitioner was standing in front of Hotel, three persons, named in the FIR, had assaulted him with different weapons, that late husband of the petitioner resisted the assault and tried to run away in the hospital and he shouted and fell down having received the injury and thereafter, he was shifted to hospital and was found unconscious. FIR was therefore, registered initially under Section 307 and other offences of the Indian Penal Code, but subsequently, since late husband of the petitioner succumbed to the injuries, accused were tried for the offence under Section 302 of the IPC and sentenced to life imprisonment.
3. It is stated in the petition that late husband of the petitioner survived by his wife and three children without any source of income and an amount of Rs.15,000/- was paid as ex-gratia amount. It is further stated that the since the petitioner was entitled to further amount of Rs.1 lakh, as per the Government Resolution dated 22.9.1988, the petitioner made application for awarding the amount under the said Government Resolution, but no heed was given to the petitioner and therefore, to claim benefit under the said Government Resolution, the petitioner has filed the petition seeking direction on the respondents to pay provident fund, gratuity, insurance and ex- gratia amount of Rs.1 lakh with 18% interest as provided in the above-said Government Resolution.
4. It is stated by learned advocate for the petitioner that the petitioner has already got the amount of gratuity, etc. and in this petition, claim is for benefit of Rs.1 lakh under the Government Resolution dated 22.9.1988.
5. This petition is opposed by respondent No.1 by filing affidavit- in-reply as well as further affidavit-in-reply. In the reply, it is stated that the petitioner was entitled to Rs.15,000/- towards ex-gratia payment, which was already paid to the petitioner over and above the amount of group insurance, death-cum-gratuity, GPF amount etc.It is stated that the petitioner is not entitled to any other amount except Rs.15,000/- by way of ex-gratia payment.
6. As could be seen from the record of the case, this Court has passed order dated 29.8.1998, which reads as under:-
On 19.2.1998, this court issued notice in the matter and made it returnable on 30.3.1998, thereafter, the matter has been adjourned on number of occassions to enable the respondents to file reply, but no reply has been filed till the date, hence, Rule. Heard Mr Desai learned advocate for the petitioner and Mr Hasurkar learned Government Solicotor for the respondents on the question of interim relief. Considering the fact that the husband of the petitioner who was Unarmed Police Constable was killed while he was on duty in the year 1989 and that the accused have been convicted in the year 1991 for the offence punishable under sec. 302 of IPC, in my opinion, prima-facie the petitioner has made out a case to take the benefits of the Government resolution dated 22.9.1988, which provides ex-gracia assistance to the extent of Rs One lac, if police officer dies while is on duty either in encounter or bomb-blast. The respondents are therefore, directed to deposit the amount of Rs 85,000/ as Rs. 15,000/ already paid to the petitioner in this Court within four weeks from today. On such amount being deposited, the petitioner is entitled to withdraw Rs 35,000/ unconditionally. The balance amount of Rs 50,000/ shall be invested in the name of the petitioner by the Registrar of this Court in any Nationalised Bank by way of Fixed Deposit initially for a period of five years. The amount so deposited, shall be subject to the decision in the matter.”
As per the above order, Rs.35,000/- has already been permitted to be withdrawn by the petitioner unconditionally. Remaining Rs.50,000/- was ordered to be invested by the Registrar in the name of the petitioner in nationalized bank in Fixed Deposit Receipt and the said amount has still been lying with the Registry of this Court.
7. Learned advocate for the petitioner submitted that the petitioner is entitled to receive amount of Rs.1 lakh as provided in the Circular dated 22.9.1988. She has submitted that the late husband of the petitioner received severe injuries while performing duty as Head constable in the area under the control of the police station in which he was serving. She has drawn attention of the Court to the contents of the FIR, referred to above, and pointed out that late husband of the petitioner had been patrolling in the area of Ambaliyas and Station area with other two constables and while performing such duty of patrolling, late husband of the petitioner was assaulted and in the scuffle with those of the accused, late husband of the petitioner received serious injuries while actually performing duty. She, therefore, urged that the claim of the petitioner to receive ex-gratia payment of Rs.1 lakh would very much be covered by circular dated 22.9.1988 and therefore, she has requested to grant the reliefs as prayed for in this petition.
8. As against the above-said arguments of learned advocate for the petitioner, learned Assistant Government Pleader Shri Dave has taken me through the contents of the first reply, to point out that late husband of the petitioner was murdered because of the personal rivalry and still the petitioner was paid Rs.15,000/- in accordance with the Resolution dated 16.7.1993 as ex-gratia amount. It is also pointed out that the petitioner was also paid Rs.2500/- from the Family Welfare Fund and also other amounts, like gratuity, group insurance, etc. Shri Dave has, therefore, pointed out for whatever the petitioner was eligible, the petitioner has already been paid and the petitioner is not entitled to any other benefits as claimed by the petitioner on the basis of the circular dated 22.9.1988. Learned Assistant Government Pleader Shri Dave has also stated that circular dated 22.9.1988 would cover only those cases where if the police personal or officer died because of scuffle or bomb blast while performing his or her duty, in such case only, wife of such police personnel or officer or near relative would be entitled to Rs.1 lakh as ex-gratia assistance. He submitted that the the claim of the petitioner would not be covered by circular dated 22.9.1988 because late husband of the petitioner was murdered out of private rivalry.
9. I have heard learned counsel for the parties and perused the documents, including circular dated 22.9.1988 with regard to providing ex-gratia assistance of Rs.1 lakh.
10. Looking to the facts and circumstances of the case, as also considering the contents of the FIR, I am of the opinion that since the late husband of the petitioner received serious injury in the scuffle with three persons, when the late husband of the petitioner was actually performing his duty of patrolling with other two constables in the area under Langhanaj Police Station, wherein the late husband of the petitioner was serving, it cannot be said that the petitioner had received serious injuries and succumbed to such injuries because of private enmity. In fact, what is required to be seen is that when the late husband of the petitioner was actually performing his duty of patrolling, he was faced with a situation of saving himself from assault made on him during scuffle with three persons. It is also not the case that those three persons had assaulted the petitioner at any private place where the petitioner was not on duty just to take revenge of the private enmity. There is no dispute about the fact that the petitioner was actually patrolling as Police Head Constable which was part of his duty and while performing such duty in the areas of police station, he had to face those such accused and in the result of which, he received serious injuries. Therefore, I am of the opinion that the claim of the petitioner for ex-gratia assistance would be very much covered by the above-said circular. It is also pertinent to note here that this Court had directed to deposit the amount under the circular minus the amount of Rs.15,000/-, which came to Rs.85,000/-, the petitioner has already been permitted to withdraw Rs.35,000/- unconditionally. As could be seen from the averments of the petition, the petitioner widow is left with three children and was made to face hard days of life. Considering the facts of the case, the claim of the petitioner is required to be treated as covered by circular dated 22.9.1988 and the petitioner is required to be paid remaining amount of Rs.50,000/- with whatever interest accrued thereon, which is lying in the fixed deposit as per the interim order passed by this Court.
11. Accordingly, the petition is accepted and allowed. It is held that the petitioner is entitled to Rs.1 lakh under the circular dated 22.9.1988 being ex-gratia assistance on account of death of late husband of the petitioner. Since the petitioner has already been permitted to withdraw Rs.35,000/- out of Rs.85,000/- deposited before this Court, remaining amount of Rs.50,000/- deposited in the Fixed Deposit Receipt shall be paid to the petitioner with whatever interest accrued in the Fixed Deposit Receipt within a period of two weeks from today. This petition is allowed to the aforesaid extent. Rule is made absolute accordingly.
omkar Sd/-
(C.L. SONI, J.)