RAJ KUMARI YADAV Vs. STATE OF U. P.

JUDGEMENT

(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 dtd. 27/3/2015 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 13/9/2012 as fellow traveller as per General Diary (G.D.) entry no. 59 at 18.45. On 14/9/2012, 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 dtd. 22/9/2012, 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 14/9/2012, 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.