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Judgment
Aradhana Johri, Member (A)
The applicant has stated that she is wife of late Shri Manjeet Singh who was working with the respondents-Delhi Fire Service as Fire Operator and
died in harness on 28.09.2016. He was declared a martyr and ex-gratia relief of Rs. 1 Crore was sanctioned of which Rs. 40 lacs was to go to the
parents, if parents of the martyr were alive and Rs. 60 lacs to the widow, which is the position in this case, since the parents are alive. There is a
restraint order of the Civil Court on release of terminal benefits. Despite that the respondents have released ex-gratia of Rs. 40 lacs to the parents of
the deceased but have cited the restraint order of the Civil Court to not release the remaining Rs.60 lacs to the applicant. She has sought directions for
release of said amount to her.
Ms Esha Mazumdar, learned counsel appearing on behalf of the respondents stated that the matter is a civil dispute in which there is a restraint
from the Competent Civil Court. In the said circumstances, the balance Rs. 60 lacs cannot be released to the applicant. Accordingly, the
representations of the applicant were rejected vide order no.1(58)/DC(HQ)/Relief/Ex-Gratia/2020/3276-3277 dated 30.09.2020.
After hearing learned counsels for both the parties, where there is full sympathy with the family members of a martyr who died in harness, but
legally there is a restraint order of the Civil Court against which the remedy does not lie within the ambit of this Tribunal.
In light of this, this OA cannot be allowed and is disposed of accordingly. The applicant is at liberty to seek legal remedy in the appropriate legal
forum. No order as to costs.