JUDGMENT 1. The instant petition has been filed seeking directions for grant of benefit of ex-gratia grant and the amount under Group Insurance Policy on account of death while on duty of her husband Manohar Singh, belt No.395. 2. Heard learned counsel for both the sides and perused the material available on record. 3. Learned counsel for the petitioner submits that as per circular dated 11-11-2009 issued by the Director General of Police Rajasthan Jaipur the legal heirs of deceased Police Constables, who died while on duty, are entitled for several benefits including ex-gratia grant of Rs.10 lacs and an amount of Rs.2 lacs under Group Insurance Policy. In this case, the petitioner's husband Manohar Singh, Belt No.395 died while on duty. The cause of death has been shown to be heart attack, but it is apparent from the Rojnamcha Reports that he was compelled to perform hard duties and he was not allowed to take sufficient rest, therefore, he succumbed to death out of this immense stress. Thus his death cannot be termed as natural and the petitioner is entitled for the desired relief. He placed reliance on the judgment in the case of State of Rajasthan Vs. Raj Kanwar [2008(3) WLC (Raj) 265]. 4. Per contra, learned Government Counsel submitted that this is not a case of death on duty. The death of husband of the petitioner was quite natural due to heart attack, which is evident from his post mortem report. Therefore, the petitioner is not entitled for the desired relief. The petition deserves to be dismissed. 5. Heard. Considered. 6. The issue of ex-gratia grant and payment of amount of Group Insurance Policy in case of death on duty was considered by this court in Raj Kanwar (supra) and relying on the judgment in Bai Diva Kaluji Vs. Silver Cotton Mills [ 1956(1) LLJ 740 ] it was concluded as under:- "6. In Bai Diva Kaluji Vs. Silver Cotton Mills(Supra) it has been observed as under:- "It is the most natural inference to draw that when a man suddenly collapses and dies very soon after and the doctor is not in a position to suggest any reason for this sudden collapse and the death ensuing that he was suffering from heart trouble which can not be discovered on a mere clinical examination. Further the fact that in the instant case the deceased workman had worked for eight hours on a hot day must have caused the strain and accelerated his death. In the circumstances, the death must be held to be due to his accident arising out of and in the course of employment." 7. In the instant case, it may be noticed that sub-Rule (2) of Rule 268HH provides for ex-gratia grant to the government servant who dies while on duty under the circumstances mentioned therein. Sub-Rule (3) of the said rules provides that "Accident" means sudden and unavoidable mishap or a mishap due to an act of devotion of duty. Thus, from the facts it is revealed that the deceased employee was on duty since 6am upto 8 pm the same day firstly at 1 pm, then at 3.30 pm and thereafter at 4.30 pm, 6.15 pm and ultimately for patrolling duty in the night where from he returned from duty in the mid night at about 2 am on the night intervening 9th and 10th April, 1993 and immediately upon return from discharge of official duties to his residence, Gopal Singh complained of chest pain whereupon a doctor was called who declared him dead. Under these circumstances, the Court can draw inference that the proximate cause of death of the deceased employee was cardiac arrest at the young age of 39 years, a mishap due to devotion to duty as a result of severe stress and strain within the meaning of Rule 268 HH of RSR. Likewise, it is also revealed that two group insurance policies were adopted by the Department and as such the amount of insurance was to be released through the Department. Therefore, no interference is called for in the order of the learned Single Judge." 7. On bare perusal of the material placed on record, it is apparent that the husband of the petitioner late Shri Manohar Singh, belt No.395 was posted at Police Station Sepau, District Dholpur. It is evident from the Rojnamcha reports, available on record that the deceased Manohar Singh performed his duties till 7.15 PM on 29-11-2009. Thereafter, at 7.15 PM, he was deployed for evening patrolling duties (lk;adkyhu x'r). He was not allowed to take rest and when he was again called for duty at 4.15 AM, he was found unconscious in his barrack. Thereafter, at 7.15 PM, he was deployed for evening patrolling duties (lk;adkyhu x'r). He was not allowed to take rest and when he was again called for duty at 4.15 AM, he was found unconscious in his barrack. He was taken to hospital, but he could not survive and declared dead. 8. The letter dated 29-12-2009 of the Station House Officer Sepau, District Dholpur is on record, whereby he informed the Superintendent of Police Dholpur that Constable Manohar Singh, belt No.395 died while on duty. Though in post mortem report the cause of his death has been shown as heart attack, but as detailed out above, after performing the duties till 7.15 PM on 29-11-2009, the deceased was deputed for evening patrolling and without allowing him sufficient time to take rest he was again called for duty in the morning at 4.15 AM. There is nothing on record to show that he was suffering from any ailment including heart disease. Moreover the government servants employed in forces are treated to be on duty for 24 hours and in this case also the petitioner's husband was deployed on duties without adhering to any fixed duty hours. In such a peculiar circumstances, the death of petitioner's husband cannot be termed as natural death, but he succumbed to death due to immense stress of duty. Therefore, in view of legal position as expounded in Raj Kanwar (supra) and Bai Diva Kaluji (supra) the petitioner is entitled for the desired relief. 9. Consequently, the petition is allowed. The respondents are directed to make payment of ex-gratia grant of Rs.10 lacs and the amount of Rs.2 lacs payable under Group Insurance Policy to the petitioner as per prevailing rules, within a period of three months from the date of receipt of certified copy of this order.