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RITU BAHRI, RAKESH THAPLIYAL
State of Uttarakhand – Appellant
Versus
Bharti Sagar – Respondent
JUDGMENT :
RITU BAHRI, C.J.
1. The State has come up in appeal against the judgment passed by the learned Single Judge in Writ Petition (S/S) No. 1433/2016 dated 08.03.2018, whereby the learned Single Judge had allowed the Writ Petition.
2. Counsel for the appellants-State has referred to the Government Order dated 19.08.1988-Annexure No. 2 to show the exceptional circumstances, in which extraordinary pension can be granted, which is at Page No. 46. As per clause (6) examples have been given with respect to death of a police personnel, while on duty. It can be when he is performing his duty, and some car hits him, while performing the duty, or he slips down and dies. So, as an example, while on duty, if he dies in an accident, extraordinary pension can be granted to him. The example says that if he is going on duty, and he meets with an accident, extraordinary pension can be granted. However, these examples do not say that the police personnel should only be doing the work of controlling the traffic. It can be a case, where in heavy rainfall, he slips and dies. In the present case, while he was on duty, he was hit by a car and he died. His case is squarely covered by the Government Or
Extraordinary pension can be granted to police personnel who die while on duty, as per the Government Order dated 19.08.1988.
The duty of a police personnel to tackle 'anti-social elements' as per the Government Order can make them eligible for extraordinary pension under Rule 3 of the U.P. Police Extraordinary Pension Rule....
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.
Extraordinary pension requires Governor's sanction under the Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981; High Court's direct award of pension was improper and should follow prop....
The main legal point established in the judgment is the entitlement to extraordinary family pension under the Central Civil Services (Extra Ordinary Pension) Rules, 1939, in cases where the death of ....
Statutory entitlement for widows of deceased police personnel includes timely processing of pension and ex gratia benefits, regardless of prior ignorance of legal rights.
The court emphasized that extraordinary family pension claims should be liberally interpreted, rejecting denial based on unsupported allegations of intoxication.
The court established that a heart attack can be linked to employment stress, qualifying for ex-gratia under Rule 75, but not for special pensionary benefits under Rules 109 and 110.
The central legal point established in the judgment is that the death of constables while discharging duties in a naxalite area is considered as a death occurring in an anti-naxal operation, entitlin....
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