REKHA (SMT.) Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The petitioner, widow of Late Shri Jitendra Singh, by this petition for writ is claiming a direction for respondents to release her special pension as per Rule 268(1) of the Rajasthan Service Rules, 1951 (for short 'the Rules of 1951' hereinafter).

(2.) In brief, facts of the case are that Shir Jitendra Singh, husband of the petitioner died on 30.11.2006 while travelling in Bus No.RJ-22-P-1390 for official purpose. The petitioner, accordingly, claimed for special pension as per provision of Rule 268(1) of the Rules of 1951. Rule 268(1) of the Rules of 1951 reads as follow:-

(3.) The claim of the petitioner was denied by the respondents on the count that Shri Jitendra Singh died as a consequent to an accident and was not killed while on duty, as result of enemy action including action by paratroopers and infiltrators from Pakistan.