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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RITU BAHRI, C.J., RAKESH THAPLIYAL, J.
State of Uttarakhand and Others – Appellants
Versus
Bharti Sagar – Respondent
Special Appeal No. 497 of 2018
Decided On : 27-09-2024
Government Order dated 19.08.1988 - Extraordinary pension - The learned Single Judge allowed the Writ Petition for extraordinary pension for a police personnel who died while on duty after being hit by a car, citing the Government Order which permits such grants in exceptional circumstances. (Paras 2-4)
Facts of the case:
The respondent-writ petitioner, a police personnel, died while on duty after being struck by a car. The Accountant General had recommended the grant of extraordinary pension, which was initially rejected.
Findings of Court:
The Court found that the case was covered under the Government Order and upheld the Single Judge's decision.
Issues: The main issue was whether the circumstances of the death qualified for extraordinary pension under the Government Order.
Ratio Decidendi: The court ruled that the circumstances of the death while on duty met the criteria for extraordinary pension as outlined in the Government Order.
Result: Special Appeal dismissed.
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 Order dated 19.08.1988. There is no ground to interfere with the judgment passed by the learned Single Judge dated 08.03.2018. The case of the respondent-writ petitioner for grant of extraordinary pension was also recommended by the Accountant General (Audit and Accounts), Uttarakhand, Dehradun on 15.07.2010, and it was only rejected in January, 2015, on the ground that her case was not covered under the Rules.
3. In the Special Appeal, this Court has gone through the Government Order dated 19.08.1988-Annexure No. 2 at Page No. 46 of the Special Appeal. Even this Government Order says that extraordinary pension can be granted in exceptional circumstances of meeting with an accident while on duty.
4. There is no merit in the present Special Appeal. The same is, hereby, dismissed.
5. Pending applications, if any, also stand disposed of accordingly.
AI
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