JUDGMENT 1. We have heard learned counsel appearing for the appellants. 2. This Special Appeal arises out of the judgment of learned Single Judge, by which he has allowed the writ petition, and while setting aside the order dated 28.09.2012, directed to give the benefits to the petitioner as per Chapter VII of the Rajasthan Civil Services (Pension) Rules, 1996 (in short, 'the Pension Rules, 1996'), and to pay the amount payable without any delay. The arrears were directed to be paid within 30 days from the production of a certified copy of the judgment, with interest @ 9% per annum. 3. The writ-petitioner/respondent's husband was serving as a Constable Driver in the Police Department in the State of Rajasthan. He was deputed for duties in the Lok Sabha Elections of 1996, at Jaisalmer. While he was resting in his barrack in police line at Jaisalmer, he died of heart attack. An ex gratia payment was paid to his wife under Rule 268 HH of the Rajasthan Service Rules, 1951 (in short, 'the Rules of 1951'), observing that the husband of the petitioner died, in connection with election duty. Her request for special pension was rejected, on which she filed a writ petition, giving rise to this Special Appeal. 4. Learned Single Judge has relying on a Division Bench judgment of this Court in D.B. Civil Writ Petition No.1668/1987-Smt. Savita Yadav v. State of Rajasthan , allowed the writ petition, with direction to pay the special pension to the petitioner as per Chapter VII of the Pension Rules, 1996. 5. Learned counsel appearing for the appellants submits that the husband of the respondent was not on duty as he was resting in the barracks in police line at Jaisalmer and further that she was awarded the ex gratia payment, after which she is not entitled to the benefit of special pension. 6. We do not find any force in the submission that the deceased was not on duty when he died while resting in the barracks in police line at Jaisalmer. When a police officer is deputed on election duties, his deputation-continues until completion of the election duties. A short break for rest, has to be included within and as a part of discharge of his duties, to be entitled to service benefits and the pensionary benefits, as the case may be. When a police officer is deputed on election duties, his deputation-continues until completion of the election duties. A short break for rest, has to be included within and as a part of discharge of his duties, to be entitled to service benefits and the pensionary benefits, as the case may be. The grant of ex gratia amount was also made on the same ground that he died while on duty. The award of ex gratia payment to the petitioner under Rule 268 HH of the Rules of 1951, did not dis entitled her to special pension, for which she was entitled under Chapter VII of the Pension Rules, 1996. There is no restriction in the Pension Rules, 1996, that if ex gratia payment is given, the widow of the deceased will not be entitled to special pension. 7. Learned counsel appearing for the appellants has placed reliance on Rule 109 in Chapter VII of the Pension Rules, 1996, which provides for entitlement of the special pensionary awards. Rule 109 reads as follows:- "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 & 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 & other non-combatant 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 (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. 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 non-combatant staff attached to Police Force. 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 non-combatant 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 not 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 sub-rule 1(i) and 1 (iii). The event of death in sub-rule 1 (ii) does not 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 & other non-combatant staff attached to Police Force in sub-rule 1 (ii), instead of the words "killed while on duty". 10. The object and purpose of Rule 109 of the Pension Rules, 1996, is to provide special pensionary award, in case of death while on duty and the unnatural death by killing as a result of encounter with dacoits, or : encounter with criminals. The purpose of providing three events, on which a police personnel will be entitled to special pensionary award, will include in sub-rule 1 (ii) of Rule 109, "death while on duty", which may not be a result of encounter with dacoits, or encounter with criminals or in the course of confrontation with mobs or crowds during agitation, riot or : disturbances etc. 11. 11. In view of the aforesaid interpretation of Rule 109 of the Pension Rules, 1996, the submission that the case of the respondent-husband did not fall in any of the three categories, is unacceptable. 12. We do not find any error in the judgment of learned Single Judge to 4 interfere in the appeal. 13. The Special Appeal is dismissed.Special Appeal is dismissed. *******