Hon’ble Sudhir Agarwal, J.—Heard Sri Atul Tej Kulshreshtha, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. A short question up for consideration in this case, “whether petitioner is entitled for extra ordinary pension under U.P. Police (Extra Ordinary Pension) Rules, 1961 (hereinafter referred to as “Rules, 1961”) as amended by U.P. Police (Extra Ordinary Pension) (First Amendment) Rules, 1975".

3. The facts, which are not in dispute, are that petitioner’s husband, a Constable in U.P. Police Force, was posted at Aligarh. While returning from performing his duty in office, on the way, suffered pain in chest and thereafter he was admitted in hospital where he was declared dead. The petitioner applied for extra ordinary pension under Rules 1961 as amended in 1975. The application was forwarded with favourable recommendation of Senior Superintendent of Police, Aligarh vide letter dated 13/14.6.2002 (Annexure 1 to the writ petition) but has been turned down by Finance Controller, U.P. Police Headquarter, Allahabad vide letter dated 22.4.2003 holding that petitioner’s husband has not died in the course of employment and therefore, petition