9911796707
TMI Blog2019 (12) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... tly dismissed the same for reasons stated therein. This Special Appeal has been preferred by the writ petitioner. The records reveal that the writ petitioner's husband Anjani Kumar Tiwari was a police constable working with the Provincial Armed Constabulary (in short, P.A.C.). While on duty serving the 12th Battalion of P.A.C., Fatehpur, he suddenly fell ill on 13th January, 1993, and was hospitalised at Medical College Hallett Hospital, Kanpur, where he expired on 17th January, 1993. Since the late Anjani Kumar Tiwari had expired due to illness, his widow, being the writ petitioner, was not entitled to extraordinary pension. As such, the writ petitioner was granted family pension on 17th April, 1993, which is being received by her ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner's husband suffered a heart attack would clearly not fall within the ambit of Rule 3 of the 1975 Rules. The Death is not shown to be attributable to the discharge of any official function or duty. The writ petition is misconceived and is consequently dismissed." A bare perusal of the impugned judgment and order reveals that the same has been rendered with cogent and justifiable reasons. Rule 3 of the 1975 Rules is applicable only in respect of those contingencies which have been spelt out in Rule 3 of the 1975 Rules. They are as follows: English translation:- "...whose death have been caused or who have died while fighting with dacoits or armed criminals or foreign insurgents or while performing other duty." The question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. If we proceed to give such a wide interpretation to Rule 3 of the 1975 Rules - in the manner as submitted by the learned advocate for the appellant - there would perhaps be no necessity of Rule 3 of the 1975 Rules to specify the three contingencies/fatal situations required for the purpose of grant of extraordinary pension. The l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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