SUSHILA DEVI Vs. DISTRICT COLLECTOR KANPUR NAGAR

JUDGEMENT

(1.) HEARD Sri Nceraj Kant Verma, learned Counsel for the appellant and learned Standing Counsel.

(2.) THIS appeal has been filed, under the Rules of the Court, challenging the judgement of the learned Single Judge of this Court dated 4th August, 2005 dismissing the Writ Petition filed by the appellant.

(3.) SRI Neeraj Kant Verma, learned Counsel for the appellant, challenging the judgement, submitted that the view of the learned Single Judge is erroneous. He contended that 1974 Rules provides for giving benefit to the dependent of Government servant who died during service period (Sewakal) and the appellant's husband died on the day of retirement, i. e., during his service period, hence the claim under 1974 Rules was fully maintainable. Learned Counsel contended that the word "afternoon" used in Rule 56(a) of the Fundamental Rules is the period from noon to midnight and the death at 7.10 P.M. was at the time when the husband of the appellant was in service. Learned Counsel further contended that since the benefit under Group Insurance Scheme was given and the appellant has also been paid necessary amount under the said scheme, which covers the employee who died while in service, it clearly meant that appellant's husband was treated to have died during service. Learned Counsel also relied on definition of word "afternoon" as given in Black's Law Dictionary.