GULAB KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner been wife of a freedom fighter is claiming appointment for her son under the provisions of the Rajasthan Freedom Fighters Aid Rules of 1959 in the present writ petition. THE husband of the petitioner been a freedom fighter been not been disputed so far. However, the employment to the dependents can be given only under the relevant provisions of the Rules referred by the petitioner.

(2.) RULE 3 of the RULEs of 1959 is in regard to sufferings for which the aid can be granted. The same is quoted hereasunder :- " 3. Sufferings for which aid can be granted-The sufferings for which aid may be granted under these rules to a political sufferer or in case of his death to his dependents, shall be all or any of the following, namely.- (a) death caused- (i) in pursuance of a capital sentence for an offence committed in pursuance or in furtherance of a political movement or otherwise related to such political movement, or (ii) while in imprisonment as a convict or an under trial prisoner for any such offence, or (iii) while in detention on the grounds connected with political movement, or (iv) in consequence of a hunger strike undertaken during the course of a political movement or while in such imprisonment or detention, or in consequence of some disease contracted while in such imprisonment or detention or on such hunger strike, or (vi) in consequence of having been short down or beaten or otherwise tortured while in such imprisonment or detention as aforesaid or on account of his activities connected with a political movement or otherwise under the orders or at the instigation or with the connivance of the Government or of any officer thereof or of the holder of a Thikana in Rajasthan or his subordinate or servants for any activities connected with such movement, or (vii) otherwise during the course of any official, non official or Thikana activity in connection with a political movement; (b) permanent bodily or mental disablement caused in the circumstances specified in clause (a); (c) loss of or damage to property, whether movable or immovable. (i) by seizure, confiscation or forfeiture, or (ii) by imposition and recovery or fine including a collective fine, or (iii) by attachment or attachment and sale or sale without attachment or sale of property seized, confiscated or forfeited, or (iv) by loot or plunder, or (v) by any other similar thing or event which the State Government may in its discretion decide to have been done or to have taken place, on grounds connected with political movement or as a result of any act or offence related to or arising from or during the course of any action taken the suppression of such movement under the orders or at the instigation of with the connivance of the Government or any officer there of or of the holder of a Thikana in Rajasthan or his subordinates or servants or otherwise. (d) loss of Government service by dismissal, discharge, forced resignation on grounds connected with political movement or for association with or participation in a political movement or on the grounds of association or relationship with a person participating in a political movement or engaged in any activity connected with political movement. (e) termination of the educational carrier by expulsion or rustication from any educational institution or examination on account of participation in a political movement, subject to production of clear proof to that effect. "