Murder by anti-social elements during performance of duty entitles dependents to ex-gratia compensation.

The applicant’s husband, Late Dheeraj, was a Welder Mechanical ‘C’ in the North Central Railway, Agra Fort Division

On the night of 20/21.03.2020, while performing official duty at Agra Fort Railway Station, he was attacked and killed by an unknown person

Police investigation revealed the murderer was a Bangladeshi national, Sajan, who committed the crime for the purpose of robbery

The applicant, as the widow, sought ex-gratia death claim benefits, which were rejected by the respondents via an order dated 22.02.2023

The respondents contended that because the murder was for "theft/loot," it did not fall under the purview of eligibility for ex-gratia compensation as per Railway Board guidelines

Whether the death of a railway employee, caused by an act of violence by a third party for the purpose of robbery while on duty, qualifies for ex-gratia compensation under the relevant Railway Board guidelines

The Tribunal primarily applied the guidelines set forth in the Railway Board Letter No. RBE 285/1999 dated 05.11.1999

Para 5(b) of the said letter provides for ex-gratia compensation in cases of "death occurring in the course of performance of duties attributable to acts of violence by terrorists, anti-social elements, etc."

The rule elaborates that acts of violence or assault by "smugglers, dacoits, anti-social elements, etc." are covered under this heading

The Tribunal examined the facts alongside the provisions of RBE 285/1999. It was undisputed that the deceased was on official duty at the time of the incident

The respondents' primary defense was that a murder for robbery did not meet the criteria for compensation

The Tribunal observed that the police investigation identified the assailant as a Bangladeshi national who murdered the employee with the intent to rob him

The Tribunal reasoned that such an individual undeniably qualifies as an "anti-social element" as contemplated under Para 5(b) of the RBE guidelines

Consequently, the death was directly attributable to an act of violence by an anti-social element during the performance of official duties, bringing the case squarely within the eligibility criteria for ex-gratia compensation

It held that the applicant is entitled to the death claim benefits as the murder by an anti-social element on duty is covered under RBE No. 285/1999

The respondents were directed to pay the applicable ex-gratia compensation to the applicant

No costs were awarded