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2022 Supreme(All) 448

SUNEET KUMAR
Raj Kumari Yadav – Appellant
Versus
State Of U. P. Thru Prin. Secy. Home Deptt. Govt. Of U. P. Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajendra Prasad Shukla

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 alongw

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