Govind Mathur, J.—During the Indo Pak war of 1971 the petitioner was Driver of the first train that carried vital supplies for the Jawans fighting in enemy territory. The train while performing shunting at Khokharapar (Pakistan) faced a repeated bombing and strafing attacks by enemy aircrafts causing considerable damage to a large number of coaches and railborne tanks. The petitioner stuck to his post undeterred and continued to perform his duties even during these attacks and succeeded in removing the train to a safe distance and also completed the placement of water tanks and other wagons containing vital supplies before backing his train to Munabao (India). His Excellency the President of India looking to the commendable courage and exemplary sense of duty award gallantry decoration “Shaurya Chakra”.

2. The Government of Rajasthan in exercise of the powers conferred by Sub-section 1 of Section 101 of the Rajasthan Land Revenue Act, 1956 (hereinafter to be referred to as, ‘the Act of 1956’) read with Sections 261 and 90 thereof and Section 28 read with Section 7 of the Rajasthan Colonization Act, 1954 made the Rules viz. “ Rajasthan Gallantry Awards (Cash Rewards and Land Grants) Rules, 1966” (hereinafter to be referred to as, ‘the Rules of 1966’), with an object to recognize and reward members of the defence services of the country who have distinguished themselves by conspicuous act of gallantry and are awarded gallantry decoration by the President of India. Rule 7 of the Rules prescribes that, “as soon as a gallantry award is published in the Gazette of India the holder of the gallantry award or his heirs, as the case may be, may apply to the Collector of the District concerned in which the said holder of his heirs reside or resided.” The terms “Gallantry Awards” and “Holder of Gallantry Awards” are defined under Sub-rule (1) and Sub-rule (3) of Rule 2 of the Rules respectively as follows:

“2(i) ‘Gallantry Award’ means any of the following Gallantry Awards instituted by the President of India-

(a) Param Vir Chakra

(b) Ashok Chakra

(c) Sarvotam Yudha Seva Medal

(d) Maha Vir Chakra

(e) Kirti Chakra

(f) Uttam Yudha Seva Medal

(g) Vir Chakra

(h) Shaurya Chakra

(i) Yudha Seva medal

(j) Sena/Nao Sena/Vayu Sena Medal

2(iii) ßÓkkS;Z iqjLdkj /kkjdÞ ls ,slk O;fä vfHkizsr gS ftls ÓkkS;Zrk iqjLdkj iznku fd;k x;k gS rFkk tks jktLFkku esa vf/kokflr gS vFkok tks Hkkjr dk ukxfjd gS vkSj ftlus ;q¼ ds nkSjku jktLFkku esa dgha Hkh yM+kbZ ds eSnku esa lkgl iznfÓkZr djus ds vk/kkj ij ÓkkS;Z iqjLdkj izkIr fd;k gSAÞ

(Sub-rule (3) inserted in vernacular by Notification dt. 17.12.1989).

3. The petitioner being a gallantry award holder submitted an application as per Rule 7 of the Rules but no action was taken by the competent authorities. Thus, the Collector, Jodhpur by a communication dt. 26.02.2007 made a recommendation to the State Government for allotment of land to the petitioner and reiterated the same vide letter dt. 08.08.2007, however, that was turned down by the State Government on 09.08.2007 with a finding that the Rules are having application to the members of defence and police service only and the petitioner not being a member of the services aforesaid is not entitled for getting any reward or grant of land under the Rules. Aggrieved by the same this petition for writ is preferred.

4. On behalf of the petitioner it is contended that under the Rules entitlement for cash award and grant of land is for holder of gallantry award irrespective of their master, thus, the State Government erroneously rejected his claim.

5. On being prima facie satisfied with the arguments advanced the Court instructed learned Dy. Government Advocate to accept notice and looking to pure legal nature of controversy with consent of the parties this matter is heard for final disposal.

6. The denial of reward and grant of land to the petitioner is vehemently supported by learned Dy. Government Advocate with an argument that as per preface of the Rules i