KAMLA KANWAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) These two writ petitions, which involve identical questions of law and facts, were heard together and are being decided simultaneously.

(2.) Writ petition No.9716/2007 has been filed by Smt. Kamla Kanwar. Briefly stated, the facts of this case are that husband of petitioner late Naik Narayan Singh, 18th BSF Bn, had become permanently incapacitated for regular service in Indo-Pak War 1971 during Bangladesh operation. He was awarded Police Medal for gallantry by the President of India as per notification dated 19.12.1972 published in the Gazette of India dated 06.01.1973.

(3.) The said award was made for gallantry under Rule 4 (i) of the Rules governing the award of the Police Medal and consequently carries with it the special allowance admissible under Rule 5 thereof, with effect from 10.04.1971. In this connection, the Junior Staff Officer (Administration), Border Security Force, Jodhpur, sent a letter dated 07.04.1998 to Ex-LNK Narayan Singh. According to the petitioner, her husband was entitled to cash reward of Rs.15,000/- and allotment of 25 bigha irrigated land or 50 bigha un-irrigated land under Rule 7 of the Rajasthan Gallantry Awards (Cash Rewards & Land Grants) Rules, 1966 (for short, 'the Rules of 1966'). This was not done till he was alive and unfortunately he died on 08.10.1999. After sad demise of her late husband, petitioner approached all the concerned authorities. The Zila Sainik Kalyan Adhikari Ajmer wrote a letter to the Director, Sainik Kalyan Vibhag Rajasthan, Jaipur, on 25.02.2003 for sanctioning cash reward and allotting land. The Director, Sainik Kalyan Vibhag Rajasthan, however, turned down the said request vide letter dated 22.03.2003, on the ground that as per the Rules, husband of petitioner is not eligible for gallantry award. Later on, the District Sainik Kalyan Adhikari also, by letter dated 19.02.2004, recommended the case of husband of the petitioner to the District Collector, Ajmer, stating that husband of the petitioner was injured in Indo-Pak war, therefore, under the provisions of the Rajasthan Special Assistance to Disabled Exserviceman and Dependants of Deceased Defence Personnel (Allotment of Land) Rules, 1963 and the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970, he was entitled for allotment of 25 bigha irrigated land. The District Collector, Ajmer, forwarded the matter to the Commissioner, Colonization Department, Bikaner. The Additional Commissioner, Colonization Department, Bikaner, by letter dated 27.05.2004, however, rejected the application of the petitioner on the ground that husband of the petitioner was not eligible for allotment of land under the aforesaid Rules.