Case Note & Summary
The petitioners, the mother and wife of deceased Sanjay Santosh Patil, filed a writ petition challenging the decision of the State of Maharashtra to withhold benefits under Government Resolution dated 29.11.2008. The deceased was a Head Constable in the State Reserve Police Force, Mumbai, who died on 17.7.2009 while on duty in a naxalite area in Gadchiroli district. On 15.7.2009, he was on patrolling duty and later involved in a rescue operation. While returning from the rescue operation in a Border Road Organisation's tipper truck, the vehicle was swept away in a river, resulting in his death and the deaths of three others. Initially, the State paid salary and pensionary benefits under the GR, but by decision dated 20.7.2019, the State stopped the benefits on the ground that the death was due to a road accident and not 'in action'. The court considered the facts and held that the deceased was on duty in a naxalite area and the rescue operation was part of his official duties. The court found that the death was 'in action' as per the GR, as the deceased was performing his duty in a high-risk area. The court allowed the petition, quashed the State's decision dated 20.7.2019, and directed the State to restore all benefits under the GR within eight weeks.
Headnote
A) Service Law - Police Personnel - Death in Action - Government Resolution dated 29.11.2008 - The issue was whether the death of a Head Constable who died in a road accident while returning from a rescue operation in a naxalite area qualifies as death 'in action' under the GR. The court held that the deceased was on duty in a naxalite area and the rescue operation was part of his official duties, thus the death was 'in action' and the family is entitled to benefits under the GR. (Paras 1-6)
Issue of Consideration
Whether the death of deceased Sanjay Patil, a Head Constable, who died while returning from a rescue operation in a naxalite area, can be considered as death 'in action' for the purpose of granting benefits under Government Resolution dated 29.11.2008.
Final Decision
The court allowed the writ petition, quashed the State's decision dated 20.7.2019, and directed the State to restore all benefits under GR dated 29.11.2008 within eight weeks.
Law Points
- Death during rescue operation in naxalite area is 'in action'
- Government Resolution dated 29.11.2008
- benefits to family of deceased police personnel
- interpretation of 'in action'
Case Details
2022 LawText (BOM) (07) 13
Writ Petition No. 2531 of 2022
Ravindra V. Ghuge, Arun R. Pedneker
Mr. Vinod P. Patil for petitioners, Mr. S.G. Sangle AGP for respondents
Rambhabai Santosh Patil and Ujwala Sanjay Patil
The State of Maharashtra and The State Reserve Police Force
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Nature of Litigation
Writ petition challenging the decision of the State to withhold benefits under Government Resolution dated 29.11.2008.
Remedy Sought
Petitioners seek restoration of salary and pensionary benefits under GR dated 29.11.2008.
Filing Reason
The State stopped benefits on the ground that the death was not 'in action' but due to a road accident.
Previous Decisions
State's decision dated 20.7.2019 stopping benefits.
Issues
Whether the death of deceased Sanjay Patil, a Head Constable, who died while returning from a rescue operation in a naxalite area, can be considered as death 'in action' for the purpose of granting benefits under Government Resolution dated 29.11.2008.
Submissions/Arguments
Petitioners argued that the deceased was on duty in a naxalite area and died while performing rescue operation, thus death is 'in action'.
Respondents argued that the death was due to a road accident and not 'in action'.
Ratio Decidendi
Death of a police personnel while on duty in a naxalite area and during a rescue operation is considered death 'in action' under Government Resolution dated 29.11.2008, entitling the family to benefits.
Judgment Excerpts
By the present writ petition, the petitioners are challenging the decision of respondent/State of Maharashtra, withholding the benefits, to which they are entitled vide Government Resolution dated 29.11.2008.
On 15.07.2009, deceased Sanjay Patil along with three others were on patrolling duty at B.R.O. Camp at Medapalli, Taluka Bhamragad, District Gadchiroli.
After demise of Sanjay Patil, the State Reserve Police Force started paying salary and pensionary benefits to the petitioners in terms of GR dated 29.11.2008. However, the respondent/State by its decision dated 20.7.2019, stopped the salary and pensionary benefits, for the reason that on the relevant date, Sanjay Patil and other three persons were travelling in Border Road Organisation's tipper truck, were involved in an accident and not 'in action'.
Procedural History
The petitioners filed Writ Petition No. 2531 of 2022 before the High Court at Bombay, Appellate Side, Bench at Aurangabad, challenging the State's decision dated 20.7.2019. The court heard the matter and delivered judgment on 28.7.2022.
Acts & Sections
- Indian Penal Code, 1860: 304-A
