Point of Law - Person dies because of accident at the time of going or coming back after official duty, such person shall be entitled for extraordinary pension.

JUDGMENT :

1. Heard Ms. Pallavi Dubey, Advocate, holding brief of Sri Rajendra Prasad Shukla, learned counsel for the petitioner and learned Standing Counsel for the State-respondents and perused the record with their assistance.

2. Petitioner is the wife of the deceased employee (constable 2550 CP Indrasen Yadav), has raised challenge to the impugned order dated 27.03.2015 passed by the first respondent, Principal Secretary Home Department, Government of U.P., Lucknow, whereby, the claim of the petitioner for extraordinary pension admissible under U.P. Police (Extra Ordinary Pension) (First Amendment) Rules, 1975 (for short ‘Rules, 1975’) has been rejected on the ground that the circumstances leading to the death of the petitioner is not enumerated/contemplated under Rule 3 of Rules, 1975.

3. The respondents in the counter affidavit do not dispute that the deceased employee was given duty on 13.09.2012 as fellow traveller as per General Diary (G.D.) entry no. 59 at 18.45. On 14.09.2012, the deceased employee along with others was directed to proceed to Mohalla Sahjadpur, Kasta Amethi, to rescue the persons trapped under the wall that had collapsed due to heavy rain. Petitioner alongwith others proceeded on the spot and showing exemplary courage and valour, the police team was able to rescue the trapped victims under the collapsed wall. The police officials, including, the deceased employee, thereafter, were directed to take the injured to the nearby hospital/Trauma Centre. To comply the order, the deceased employee returned to the barrack for changing his wet clothes drenched in the heavy rain. While changing his apparel at the barrack, the deceased employee succumbed due to electrocution. It appears that the electric current had leaked causing the fatal injury. Circle Officer vide communication dated 22.09.2012, addressed to the Senior Superintendent of Police, Mohanlalganj, submitted a report, wherein, it has been recorded that the deceased employee’s rawangi is duly recorded at G.D. No. 29 on 14.09.2012, directing the deceased employee alongwith others to proceed to the spot to rescue the persons trapped under the collapsed wall. The team was able to rescue the trapped victims and thereafter the rescue team was directed to get the victims admitted in the hospital/Trauma Centre. The deceased employee succumbed to injury caused by the leakage of electric current at the barrack where he had gone to change his drenched clothes.

4. It is submitted by learned counsel for the State-respondent that since the deceased employee succumbed to injury caused by electric current, it cannot be said that he was on official duty within the meaning of Rule 3 of Rules, 1975.

5. Rule 3 for ready reference is extracted:

^^3- ;g fu;ekoyh jkT;iky ds cuk;s fu;e l fueaf=r

gksus okys LFkk;h ;k vLFkk;h :i es lsok;ksftr lHkh iqfyl vf/kdkfj;ksaa vkSj deZpkfj;ks ¼jktif=r vkSj vjktif=r nksuks½ ij ykxw gksxh tks Mkdqvks ;k l'kL= vijkf/k;ksa ;k fons'kh izfrjksf/k;ks ls yMus sa ;k fdlh vU; drZO; dk ikyu djus ds nkSjku ekjs tk;s ;s ftudh e`R;q gks tk;sA^^

6. The Rule, inter alia, is applicable to the police officers whether temporary or otherwise gazetted/non-gazetted who are killed or die in an encounter with dacoits; armed criminals and foreign insurgencies or while performing any other duty in compliance of a direction/order.

7. On bare perusal of the Rule 3, it appears that the Rule is inclusive and non exhaustive, the expression ‘or any other duty’ encompasses within fold any assigned duty.

8. In the backdrop of Rule 3, it is evident that the deceased employee was deputed on a mission of rescuing the victims trapped under the collapsed wall due to heavy rain. The victims were successfully rescued and thereafter on the direction of the officials the deceased employee and others were required to carry the injured to Trauma Centre at Lucknow. The petitioner to comply the order had gone to the barrack to change his wet clothes and suffered electricity current shoc