TMI Blog2019 (12) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... ine 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. - SPECIAL APPEAL No. 33 of 2019 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jani Kumar Tiwari, filed a writ petition before a learned Single Judge of this Court in the year 2018. Her claim essentially was for grant of extraordinary pension. The claim itself rests upon the demise of the late Anjani Kumar Tiwari on 17th January, 1993, after suffering a brief illness, post-heart-attack on 13 th January, 1993. The learned Single Judge did not even go into the question of maintainability of a writ petition after a gap of 25 (twenty-five) years. Rather, the learned Single Judge went into the moot question, i.e., whether 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. (hereinafter referred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner's late husband s death fell within any of the categories of fatal situations/contingencies as enumerated above. The first three fatal situations/contingencies as stated in Rule 3 of the 1975 Rules, are those who are killed in action while fighting with dacoits, armed criminals or foreign insurgents. The other category, Or be killed while performing any other duty or who is killed English translation:- ...whose death have been caused or who have died while performing any other duty. , simply cannot be read in isolation of the first three categories of fatal situations/contingencies and has to be necessarily read on the construction canon of ejusdem generis. The reason is, when a general word or phras ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y pension. 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. As such, we direct the concerned authority of the State 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. The Special Appeal stands dismissed subject to observations made hereinabove. Copy of this order shall be served upon learned Chief Standing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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