JUDGMENT Rakesh Tiwari, J.
1. Heard learned Counsel for the parties and perused the record.
2. By means of this writ petition the petitioner seeks quashing of the impugned order dated 12.9.2003 (Annexure 1 to the writ petition) passed by respondent No. 3 and order dated 22.8.2003 passed by respondent No. 2.
3. The case of the petitioner is that her husband was posted as Group Commandant (Dal Nayak) of 'E' Group in the 20th Battalion of Provincial Armed Constabulary (P.A.C.) Azamgarh. This Group was posted as Battalion Duty Group at Battalion Headquarters, Azamgarh for the period from 1.11.2002 to 13.12003. It is alleged that when the husband of the petitioner was dressing himself for the morning parade he suddenly fell down complaining severe pain in his chest and when he as taken to District Hospital, Azamgarh he was declared dead. The petitioner's husband died at his very young age leaving behind the petitioner as his widow. It is submitted that the then Commandant of 20th Battalion, P.A.C., Azamgarh made recommendations for grant of extra-ordinary pension to the petitioner as the husband of the petitioner died during the course of performance of his official duty. By the impugned order the petitioner has been denied the extraordinary pension on the ground that her husband did not die during the performance of his duty.
4. For grant of extra-ordinary pension the Governor has framed rules under Article 309 of the Constitution in exercise of powers know as the U.P. Police (Extraordinary Pension) (First Amendment) Rules, 1975. These rules have been given retrospective effect from 1st April, 1972. The amendment is as under :--
^^mkj izns'k iqfyl vlk/kkj.k isa'ku izFke la'kks/ku fu;ekoyh] 1975 1- laf{kIr uke vkSj izkjEHk & 1 ;g fu;ekoyh mkj izns'k vlk/kkj.k izFke la'kks/ku fu;ekoyh] 1975 dgyk;sxh A 2- ;g fu;e 3 rFkk 5 dk la'kks/ku & mkj izns'k iqfyl vlk/kkj.k isa'ku fu;ekoyh] 1961 esa] uhps LrEHk 1 esa fn;s x;s fu;eksa ds LFkku ij LrEHk 2 esa fn;s x;s fu;e j[k fn;s tk;sa&& LrEHk 1 orZeku fu;e LrEHk 2 ,rn~}kjk izfrLFkkfir fu;e 3- ;g fu;ekoyh jkT;iky ds cukus ds fu;a=.k ds v/khu ,sls leLr vjktif=r iqfyl deZpkfj;ksa ij ykxw gksxh pkgs og LFkk;h :i esa lsok;ksftr gksa vFkok vLFkk;h :i esa] tks Mkdqvksa ;k l'kL= vijkf/k;ksa vFkok fons'kh izfrjksf/k;ksa ls yM+us esa ej tk;sa&& izfrcU/k ;g gS fd ,sls deZpkjh ds ifjokj dks ftls bl fu;ekoyh ds v/khu vfHkfu.kZ; fn;k x;k gks] mkj izns'k flfoy lfoZlst ,DLVk vkfMZujh isa'ku :Yl ds v/khu dksbZ vfHkfu.kZ;
ugh fn;k tk;sxk vkSj u ;w-ih- fycjykbTM isa'ku :Yl] 1961 vFkok ;w-ih-
fjVk;jesaV :Yl] 1961 ds v/khu dksbZ ikfjokfjd isa'[email protected]"kd vkSj u ;w-ih- d.VhC;wVjh isa'ku Q.M :Yl ds v/khu ljdkjh va'knku fn;k tk;sxk A 3-
;g fu;ekokyh jkT;iky ds cuk;s fu;e ls fu;fU=r gksus okys LFkk;h ;k vLFk;h :i esa lsok;ksftr lHkh iqfyl vf/kdkfj;ksa vkSj deZpkfj;ksa jktif+=r vkSj vjkif=r nksuksa ij ykxw gksxh tks Mkdqvksa ;k l'kL= vijkf/k;ksa ;k fons'kh izfrjksf/k;ksa ls yM+us esa ;k fdlh vU; dkZO;
ikyu djus ds nkSjku ekjs tk;sa ;k ftudh e`R;q gks tk;s&& izfrcU/k ;g gS fd ,sls iqfyl deZpkjh ds ifjokj dks ftls bl fu;ekoyh ds v/khu vfHkfu.kZ; fn;k x;k gks] mkj izns'k flfoy lfoZlst ,DLVk vkfMZujh isa'ku :Yl ds v/khu dksbZ vfHkfu.kZ; ugha fn;k tk;ssxk vkSj u ;w-ih- fycjykbTM isa'ku :Yl] 1961 vFkok ;w-ih- fjVk;jesaV osfufQV :Yl] 1961 ds v/khu dksbZ ikfjokfjd isa'[email protected]"kd vkSj u ;w-ih- d.VhC;wVjh isa'ku Q.M :Yl ds v/khu ljdkjh va'knku fn;k tk;sxk A 4- ,slh e`R;q ds lEcU/k esa dksbZ vfHkfu.kZ; ugha fy;k tk;sxk] tks fdlh jksx vFkok ,sls dkj.k ls gqbZ gks tks Mkdqvksa rFkk l'kL= vijkf/k;ksa ;k fons'kh izfrjkf/k;ksa ls yM+us esa pksV yxus ls fHkUu gksa 4-
dksbZ vfHkfu.kZ; fu;e 3 esa mfYyf[kr dkj.kksaa ls fHkUu fdlh dkj.k ls gqbZ e`R;q ds lEcU/k esa ugha fn;k tk;sxk A**
5. From the aforesaid rules it is clear that the eligibility for grant of extraordinary pension accrues when a police personnel is killed in fighting with dacoits, armed criminals or foreign mercenaries. Clause 4 provides that no adjudication would be made for grant of extraordinary pension except for the reasons given in Clause 3 of the Rules.
6. Even if it is admitted that the petitioner's husband expired during performance of his duty due to heart attack while dressing himself for parade, the petitioner does not become entitled for grant of extraordinary pension as her husband was not killed in encounter with dacoits or armed criminals or during operation with foreign mercenaries. The words have to take colour from each other. Death in line of duty or in an encounter is different from death on duty. The case of the petitioner does not fall in this category, as he was not killed in an encounter in line of duty.
7. In this view of the matter, there is no illegality or infirmity in the impugned order. Thus, the petitioner is not entitled to any extraordinary pension.
8. The petition is accordingly dismissed. No order as to costs.