Manoj Kumar Gupta, J. - (1.) Heard Sri Rakesh Kumar Shukla, counsel for the petitioner, learned standing counsel for the State-respondents and Sri Pankaj Srivastava, holding brief of Sri Satish Chaturvedi on behalf of respondent no.2.
(2.) The petitioner is widow of Late Baikunth Narayan Pandey, who was a constable in U.P. Police. He died on 14 October 2000 while in harness. The petitioner laid claim for award of pension to her under the provision of the Uttar Pradesh Police (Extraordinary Pension) Rules, 19611. The claim made by the petitioner has been turned down by the impugned communication dated 16/30 November 2011 by the second respondent, i.e., the Accountant General and hence the instant writ petition.
(3.) In the impugned communication, a reference has been placed to a letter dated 4 September 2003 by the Chief Medical Superintendent, District Hospital, Jaunpur stating that cardio respiratory arrest and heart attack are not the same. It has been opined that heart attack could be the cause of cardio respiratory arrest. There is also a reference to two medical certificates dated 13 October 2000 and 14 June 2004 issued by the doctors of Banaras Hindu University, Varanasi disclosing the cause of death as large in cerebral haemorrhage with cardio respiratory arrest. It has been concluded therefrom that the death of the husband of the petitioner had not occurred due to cerebral thrombosis or heart disease and consequently the petitioner is held not entitled to award of extraordinary pension under the Rules. Accordingly, the second respondent has declined to forward the papers relating to grant of extraordinary pension to the State Government.;