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2019 (12) TMI 384 - HC - Indian LawsWhether the writ petitioner could have been given benefit of grant of extraordinary pension under Rule 3 of the U. P. Police (Extraordinary Pension) (First Amendment) Rules, 1975? - HELD THAT:- For the purpose of grant of extraordinary pension under Rule 3 of 1975 Rules, death has to result directly from a fatal situation/contingency faced by the police personnel concerned in the line of duty in a hostile environment akin to the listed category/class. The appellant/writ petitioner’s husband may have died on duty, but his death was due to natural causes and certainly not due to a fatal situation/contingency faced by a police personnel in the line of duty in a hostile environment akin to the listed category/class as specified in Rule 3 of the 1975 Rules. The legislature, in its wisdom, would have simply stated that any death occurring during the course of duty would entitle the family of the concerned police personnel to claim extraordinary pension in terms of the Rule 3 of the 1975 Rules. That possibly could not have been the intention of the legislature by any stretch of imagination in the facts of the instant case. The concerned authority of the State is directed to enforce Rule 3 of the Rules of 1975 strictly with an even hand and not allow similar claims to surface or grant such claims surreptitiously - appeal dismissed.
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