LAWS(ALL)-2018-4-594

SMT. MALTI DEVI Vs. STATE OF U.P.

Decided On April 18, 2018
Smt. Malti Devi Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This intra court Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules 1952") has come up assailing the judgment dated 24.2.2014 passed by learned Single Judge dismissing appellant's writ petition No. 1156(S/S) of 2014.

(2.) The aforesaid writ petition was filed by appellant challenging order dated 20.12013 passed by Superintendent of Police, Kheri, rejecting claim of appellant for extra ordinary pension under provisions of U.P. Police (Staff) Extra Ordinary Pension Rules, 1961 (hereinafter referred to as " Rules 1961) as amended from time to time. She has sought a mandamus to the respondents to allow extra ordinary pension to appellant under the aforesaid rules.

(3.) The facts giving rise to present dispute are that Radhey Lal, husband of appellant, a Constable in U.P. Police Force, was posted at Kheri. He was assigned duty of submitting some record in Forensic Lab, Lucknow in connection with case crime No. 100 of 1995 and 101 of 1995 under Sec. 8/18 of NDPS Act on 12.12.1995. While on duty he suffered heart attack on 12.12.1995 and ultimately died on 15.2.1996.