PRADEEP NANDRAJOG,C.J. - (1.) D.B. Civil Misc. Application No. 489/2018: For the reasons stated in the application the delay in filing the appeal is condoned. The application is allowed. D.B. Special Appeal Writ No. 614/2018: Santosh Devi, wife of Late Shri Karan Singh claimed special pension as per Rule 109 of the Rajasthan Pension Rules, 1996.
(2.) Admittedly, her husband died at an accident when he was on duty. He was deputed to serve notice in Village 2 MLD and 8 MLD.
(3.) On 24.08.2018 we had dismissed three appeals filed by the State concerning interpretation of Rule 109 of the Rajasthan Civil Services (Pension) Rules, 1996. The decision reads as under:- "1. Heard learned counsel for the parties. 2. Challenge in D.B. Civil Special Appeal(W) No. 378/2018 is to an order dated 14.11.2017 allowing the writ petition filed by the respondent and directing appellant to pay special pension, in addition to the family pension in terms of Rule 109 of the Rajasthan Civil Services Pension Rules, 1996. 3. Challenge in D.B. Civil Special Appeal(W) No. 628/2018 is to an order dated 05.01.2018 allowing the writ petition filed by the respondent of said appeal granting similar relief to her. 4. Challenge in D.B. Civil Special Appeal(W) No. 634/2018 is to an order dated 05.01.2018 granting similar benefit to the respondent of the said appeal. 5. The husbands of the three respondents were employed as Constable, Assistant Sub Inspector and Assistant Inspector respectively in Rajasthan Police. It is in dispute that the husbands of the three respondents died at a road accident while on duty. Family pension was sanctioned. Special pension as per Rule 109 of the Rules, 1996 was claimed by the ladies. The Rule reads as under. "109. Applicability. The rules in this Chapter shall apply to the following categories of Government servants on pensionable establishment whether temporary or permanent - (1) Police personnel whether in regular or irregular units including R.A.C. upto the rank of Commandant and Superintendent of Police (other than IPS officers) who- (i) die as a result of encounter with dacoits, (ii) killed while on duty, including Class IV servants followers and other noncombatant staff attached to Police Force, (iii) die as a result of encounter with criminals or in the course of confrontation with mobs or crowds during agitation, riot or disturbances etc. (2) Personnel of Preventive Branch of the Excise Department upto the rank of Excise Officer (Preventive) who are killed or die as a result of injury sustained while undertaking raids." 6. A Division Bench of this Court, in the decision reported as 2016(1) WLC (Raj.) 309, State of Rajasthan and Ors. v. Smt. Suraj Kanwar had an occasion to interpret the Rule. 7. The contention of the State was that as per subrule (1) of Rule 109 three situations are envisaged which entitle the grant of special pension. The same are in clauses (i) to (iii) of sub-rule (1) of the Rules, 1996. As per the first situation is where the police official dies as a result of encounter with dacoits for which, the word "die" in clause (i) was highlighted. Emphasizing the word "killed" in clause (ii) the State argued that for the purposes of entitlement while on duty it has to be a case where the police officer was killed and the interesting part of the argument would be the distinction sought to be drawn between dying and being killed. With respect to clause (iii) the argument was that the use of the word "Die" in said clause shows that if death is the result of an encounter with criminals or in the course of confrontation with mobs or crowds during agitation, riot or disturbance alone could the special pension be awarded. 9. In Suraj Kanwar's case (supra) after noting the Rule and the contentions of the State the Division Bench reasoned as under in para 8 and para 9 of the decision. The two paragraphs read as under:- "8. The husband of the respondent was a Constable Driver, a police personnel, who died while on duty. In sub-rule 1(i) of Rule 109 of the Pension Rules, 1996, special pension is payable where a police personnel dies as a result of encounter with dacoits; sub-rule 1(ii) is applicable where he is killed on duty, including Class IV servants followers and other noncombatant staff attached to Police Force. In sub-rule 1(iii) of Rule 109, death as a result of encounter with criminals or in the course of confrontation with mobs or crowds during agitation, riot or disturbances etc., also qualifies for special pensionary awards. We find that the word "die" in sub-rule 1(i) and 1 (iii) of Rule 109, has been correctly used, inasmuch as in the event of encounter with dacoits, or encounter with criminals, a person is killed in action, and in such cases the word "killed", should have been used in place of "die" in subrule 1(i) and 1 (iii). The event of death in sub-rule 1 (ii) does relate to any encounter with dacoits or encounter with criminals, or in the course of confrontation with mobs or crowds during agitation, riot or disturbances etc. In sub-rule 1 (ii), the word "die" should have been used instead of "killed". The word "killed" in sub-rule 1 (ii) has been wrongly used, and appears to be a drafting error. 9. A fair, reasonable and purposive interpretation of three events under sub-rule (1) of Rule 109 of the Pension Rules, 1996, for entitlement of special pensionary awards guides us to consider and to read "dies while on duty" including Class IV servants followers and other non-combatant staff attached to Police Force in sub-rule 1 (ii), instead of the words "killed while on duty". 10. Learned counsel for the State urges that the Rule of interpretation does permit a Court, while interpreting a statute, to substitute one word with the other. 11. The Oxford English Dictionary defines the word 'kill' to mean cause the death of or put an end to. The same dictionary defines 'die' to mean stop living. Both mean stop living or put an end to. 12. The precise argument of the State is that the legislature has used the word 'die' in clause (i) and (iii) and the word 'killed' in clause (ii) 13. To the question put by the Court as to what is the difference between the two. There is no answer. 14. The word die means 'stop living', 'pass away', 'expire', 'lose one's life', 'demise' or 'breathe over last'. The word 'killed' means 'put to death'. 15. If a person is dead it simply means that he is no longer alive. The cause may be anything: Disease, natural death or an accident. If a person is killed it means that death was caused by some external factor. 16. Thus killed gives us more information about the death. 17. If a person dies at an accident while on duty it would be a case of a person being killed due to an accident while on duty. 18. The husbands of the three respondents were killed while on duty due to an accident. 19. The appeals are dismissed.";