PAPU DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petitioner, the petitioner, a widow of late Shri Shankar Lal, who was working as Assistant Sub -inspector of Police Department, has filed this writ petition for claiming special pensionary Award under Chapter XXIH -B of Rajasthan Service Rules on the ground that her husband Shri Shankar Lal died while on duty in the night intervening 16.12.1991 and, 17.12.1991. The petitioner has submitted in the writ petition that the husband of the petitioner Shri Shankar Lal was appointed as Assistant Sub -Inspector in the police, department on 20.8.1974 and was posted as ASI at Police Station Abu Road City, District Sirohi. On 16.12.1991 he was asked to go for investigation at 11:30 PM in the night vide entry No. 675 in Rojnamcha report maintained at the said police station vide Exhibit 1 and upcta an information received at 1:45 AM during the mid night between 16.12.1991 and 17.12.1991 that an accident has taken place of the motor cycle No. RJ 24 M 8249, the other officials of the said Police Station visited the site and found that the said ASI Shankar Lal was involved in the said accident and he died as a result of the said accident which happened while doing his duty. The petitioner, widow of the said ASI Shankar Lal, was only paid the normal family pension i.e. half of the special pension in accordance with the relevant Rules in RSR. The petitioner preferred this writ petition in this Court on 25.3.1996 claiming aforesaid special pension under Chapter XXIII -B under the Rules 268 -1, 268 -J and 268 -K of the said Rules.

(2.) THE State has filed a reply to the said writ petition and contested this writ petition.

(3.) IN view of the aforesaid, the petitioner is also entitled to the benefit as given in the aforesaid writ petition.