BHANWAR KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that the controversy involved in the present writ petition is squarely covered by a judgment of this Court in the case of Smt. Pappu Devi Vs. State of Rajasthan & Ors. reported in : 2009 (2) WLC (Raj.) 158 and in the case of Smt. Paras Kanwar Vs. State of Rajasthan & Ors. (SBCWP No. 11423/2009 decided on 03.11.2009) decided by a coordinate bench of this court, a copy whereof has been placed on record as Annex. 3. The matter is regarding payment of special pension payable to the widow of the employees of the Police Department in terms of Rule 268 -I of the Rajasthan Service Rules, 1951 under Chapter 23B.

(2.) LEARNED counsel for the respondents is not in a position to seriously dispute this position.

(3.) THE undisputed fact is that on 16.03.1989, the Constable Nathu Singh, who was posted at Police Station -Sadari, District: Pali, was asked to go for some investigation along -with six police personnel and two accused persons. However, when they were going in the police jeep, the said jeep met with an accident and on account of injuries sustained by the petitioner, he unfortunately expired on 30.04.1989 while discharging the officials duties. On account of the said death while discharging the duties, the special pension is payable to the family of the deceased Government servant according to Rule 268 -I of the Rajasthan Service Rules, 1951 under Chapter 23B, besides the family pension. The controversy involved in the present case is covered by the judgments of this Court, therefore, the present writ petition also deserves to be disposed of in the same terms.