Court No. - 9
Case :- SPECIAL APPEAL DEFECTIVE No. - 4 of 2021 Appellant :- State Of U.P. And 4 Others Respondent :- Raj Kumari Counsel for Appellant :- Pranab Kumar Ganguli Counsel for Respondent :- Rajesh Kumar Pandey
Hon'ble Sanjay Yadav,J. Hon'ble Siddharth,J.
Re: Civil Misc. Delay Condonation Application No.01 of 2021.
Heard Sri Pranab Kumar Ganguli, learned counsel for the appellants and Sri Rajesh Kumar Pandey, learned counsel for the opposite party.
There is a delay of 506 days in filing the special appeal.
Exception is taken to the order dated 01.07.2019 passed in Writ-A No.58800 of 2017 whereby learned Single Judge while invoking U.P. Police (Extraordinary Pension) Amendment Rules, 1975 (as Amended in 1978) whereby explanation 2 (3) was inserted held the respondent entitled for extraordinary pension in lieu of death of her husband, who was employed as Head Constable and died on 14h February, 2014 on a finding that the death was during performance of his duty. Adverting to the facts of the case His Lordship recorded the following findings:
"It is admitted in the counter affidavit that during the course of duty, the deceased-employee fell seriously ill in critical condition, he was admitted in District Hospital, Mathura, for emergency treatment, on the next day, he was referred to Medical College at Agra where his condition further became more critical and serious, thereafter, he was shifted to Jaipur Golden Hospital, New Delhi from where he was discharged on 17 February 2014, thereafter, he died on the subsequent day.
It is not the case of the respondent that the deceased-employee was not performing his duty at Mathura, rather, while performing his duty at Mathura, the deceased-employee fell critically ill, thereafter, during course of his treatment he died.
In my opinion, it cannot be said that the deceased-employee did not die during course of his employment, his case would be covered under the amended Rule 3 of Rules 1975. "
While seeking condonation of delay vide said application it is borne out from paragraph 5 of the application that Police Headquarter vide its letter dated 14.08.2019 has directed the Senior Superintendent of Police, Mainpuri to forward the proposal to grant of extraordinary pension to the petitioner and the proposal was sent by the office of Senior Superintendent of Police, Mainpuri on 03.09.2019. However, later, vide communication dated 18.09.2019 office of Senior Superintendent of Police, Mainpuri was called upon to provide information on two issues, namely,”
“(1) Lo0 jktcgknqj flag] eq[; vkj{kh dh e`R;q dh ifjfLFkfr;kas dk fooj.kA (2) Lo0 jkt cgknqj flag] eq[; vkj{kh ds vkfJrksa dks vlk/kkj.k ias’ku iznku djus dh laLrqfr@izek.k i=A”
Evident it is that the information was sought in respect of the circumstances in which the Head Constable died. The information was furnished on 27.02.2020 and 16.03.2020 in the following terms:
“1& gs0dk0izks0 13 l0iq0 Lo0 jktcgknqj flag tuin eSuiqjh ls ds0ts0,l0@,l0vkbZ0,e0 eFkqjk esa lEc)rk ij FksA ds0ts0,l0 eFkqjk dh vk[;k fnukad 04-03-2014 ds vuqlkj budh fnukd 14-02-2014 dks rfc;r [kjkc gksus ds dkj.k mlds iq= t;sUnz flag }kjk ftyk vLirky eFkqjk esa mipkj gsrq nkf[ky djk;k Fkk] fnukad 15-02-2014 dks vkjke u feyus ij ,l0,u0 esMhdy dkWyst vkxjk jsQj fd;k x;k Fkk] ysfdu muds ifjokjhtuksa ds }kjk ,l0,u0 esMhdy dkWyst u ys tkdj t;iqj xksYMu gkWLihVy ubZ fnYyh ysdj x;s FksA mipkj ds nkSjku rfc;r esa lq/kkj gksus ij fnukad&17-02-2014 dks fMLpktZ djkdj] mUgsa ysdj okil vk jgs Fks] jkLrs esa [kwu dh mYVh gqbZ ftlds dkj.k 18&02&2014 dh jkr le; djhc 01-30 cts mudh e`R;q gks x;hA bldh lwpuk e`rd gs0dk0izks0 13 ,0 ih0 jktcgknqj flag ds iq= egs’k pUnz }kjk fnukad&18&02&2014 dks ds0ts0,l0 dks nh x;hA gs0dk0izks0 13 l0iq0 jktcgknqj flag dh e`R;q chekjh ds dkj.k gqbZ gSA 2& e`rd gs0dk0izks0 13 ,0ih0 jktcgknqj flag ds vkfJrkas dks vlk/kkj.k ias’ku iznku djus ds lEcU/k izLrko] ek0 U;k;ky; ds fu.kZ; ds dze esa Hkstk x;k gSA vr% gs0dk0izks0 13 ,0ih0 Lo0 jktcgknqj flag ds vkfJrksa dks vlk/kkj.k ias’ku iznku djus ds lEcU/k esa ekWxh x;h okWfNr vk[;k vko’;d dk;Zokgh gsrq iszf"kr gSA ”
However, instead of proceeding the matter further for grant of extraordinary pension to the dependents' of the deceased Head Constable a legal opinion was sought on the basis thereof the present appeal is filed.
Though it is vehemently submitted on behalf of the appellants that the delay is not deliberate and is occurred because of the procedure which has to be adopted to in his institutional matter. However, taking into consideration the facts and particularly the finding arrived at by the learned Single Judge that the death of the Head Constable was while performing his duty and the same stands substantiated while answering the queries sought by the Headquarter as adverted (supra) and was in principle agreed by the Headquarter, we are not inclined to accept the contention that the delay in filing the appeal is bona-fide as there is no sufficient cause coupled with the fact that the finding arrived at by the learned Single Judge that the death was while in service which entitle the claimant for pension as per explanation 2 (3) of the Rules 1975 (as amended in 1978), we are not inclined to entertain the special appeal.
Consequently appeal fails and accordingly dismissed.
Order Date :- 8.1.2021 N Tiwari (Siddharth,J.) (Sanjay Yadav,J.)