- 1 - S.B.CIVIL WRIT PETITION NO.1066/05 DATE OF ORDER : 8/8/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.S.K.M.Vyas, for the petitioner. Mr.Ravi Bhansali for the respondents. Before commencing arguments, it is contended by learned counsel for the respondents that controversy involved in this case is covered by judgment rendered by learned Single Judge of this Court in S.B.Civil Writ Petition No.5508/2004 decided on 22/3/2007 in which while considering the notification Annex.1 dated 6/1/1999 it has been held that petitioner's case is not covered under the said notification. However, learned counsel for the petitioner has invited attention of this Court towards the judgment of Division Bench of this Court reported in WLR 1996 Raj. 714 (Smt. Ugam Kanwar vs. State of Raj.) and submit that petitioner is claiming ex gratia payment as per the aforesaid judgment of Division Bench which has been rendered on the basis of judgment of Hon'ble Apex Court reported in 1991 (Suppl.) (2) SCC 141 (State of Raj. vs. Raj. Pensioner Samaj) in which Hon'ble Apex Court has allowed ex gratia payment to the widows of employees of State Government. Having perused the judgment, I am of the opinion that respondents are under obligation to consider the case of - 2 - petitioner for grant of ex gratia payment in view of the aforesaid judgment of Hon'ble Apex Court. In view of the Division Bench judgment so also judgment rendered by learned Single Judge, this petition is disposed of with the direction to the respondents to consider the case of petitioner for grant of ex gratia payment. While considering the case of petitioner, the respondents shall take into consideration the ratio decided by Hon'ble Apex Court and this Court in aforesaid cases. Respondents shall decide the claim of petitioner within three months from the date filing certified copy of this order. (GOPAL KRISHAN VYAS),J . pankaj baweja