- (1.) Heard learned counsel for the parties.
(2.) The petitioner Kavita Tyagi has filed the present writ petition for a writ of mandamus to the respondent no.4 - the Chief Election Officer, U.P. Lucknow to pay ex-gratia payment Rs. 20,00,000/- (twenty lacs) to her, occasioned by the death of her husband Neeraj Tyagi caused due to a violent act by an unsocial element, while the deceased was on election duty, during general elections 2014.
(3.) Admittedly, the petitioner's husband Neeraj Tyagi was a constable with Prantiya Rakshak Dal. Vide notice dated nil he was required to report for election duty with effect from 10.00 a.m. on 05.04.2014. By further communication dated 25.04.2014, issued by the District P.R.D. Officer, Meerut, the deceased alongwith three other constables (named in that communication), was posted at Police Station, Saroorpur, on election duty. On 03.05.2014, while he was thus on patrol duty, he was run over by a motor vehicle being Tavera car bearing registration no. DL-1 BB 4490 carrying 47 cartons of illicit liquor of Haryana State. Neeraj Tyagi received grievous injuries in that incident for which he was hospitalized at Meerut. He died during the course of treatment, at the hospital, on 10.05.2014. In this regard, a report of the aforesaid facts was also made by the Inspector In-charge P.S. Saroorpur, Meerut to the Senior Superintendent of Police, Meerut.;