ORDER :

Sanjeev Prakash Sharma, J.

1. The petitioner by way of this writ petition has prayed as under:-

"Hence prayed that your Lordships may graciously be pleased to accept and allow this writ petition and further pleased to

(i) modify the impugned order dated 17.3.2016 (Annexure-9), and

(ii) further pleased to direct the respondents to release ex-gratia amount of Rs. 20.00 lacs in terms of Rule 75 (2) (b) of the Rajasthan Civil Services (Pension) Rules, 1996 to the petitioner alongwith interest from the date of the death of the husband of the petitioner @ 9% per annum, and

(iii) further pleased to direct the respondents to grant special pension award to the petitioner in terms of Rule 109 read with Rule 111 of the Rajasthan Civil Services (Pension) Rules, 1996 with interest on the arrears of pension @9% per annum, and

(iv) further pleased to award cost of the petition in favour of the petitioner."

2. Learned counsel for the petitioner submits that the petitioner's husband was holding the post of Assistant Sub-Inspector and while undergoing Promotion Cadre Course (PCC) for which he had been sent by his superiors, suffered severe heart attack and expired. Learned counsel submits that the petitioner's husband died while on duty, she was entitled to receive ex-gratia amount of Rs. 20 lac as per Rule 75(2)(b) of the Rajasthan Pension Rules, 1996 (hereinafter referred to as "the Rules of 1996") as well as special pensionary award in terms of Rules 109, 110 & 111 of the Rules of 1996.

3. Learned counsel has relied upon the judgment passed by this court in the case of Smt. Rameshwari Devi Versus The State of Rajasthan & Others, SBCWP No. 2072/2015 and connected writ petitions decided on 31.5.2017 to submit that the said issue has already been examined by this court. The judgment has been upheld by the Division Bench in SAW No. 1539/2017 decided on 27.11.2017.

4. Learned counsel for the respondents on the other hand submits that the case of Rameshwari Devi (supra) was distinguishable from the case of the petitioner as the petitioner's husband expired after the amendment was introduced in Rules 109, 110 & 111 of the Rules of 1996 vide notification dated 8.9.2015. The petitioner's case would be now covered only as per the amended Rules for the purpose of grant of special pensionary award. So far as the claim made by the petitioner under Rule 75(2)(b) is concerned, it is submitted that same shall also not be applicable.

5. I have considered the submissions.

6. Rule 75(2)(b) of the unamended Rules of 1996 reads as under:-

"[(b) The amount of ex-gratia grant, when the Government servant dies under any of the circumstances mentioned in clause (b) to (f) of sub-rule (1) shall be Rs. 20 lakhs.

Provided that families of deceased Government servants, who are also granted relief from sundry Government sources, such as, the Prime Minister's Relief Fund, Chief Minister's Relief Fund, etc. In such cases, it should be ensured that the aggregate of the relief/ex-gratia grant paid from different sources does not exceed Rs. 20 lakhs in each individual case.]"

7. The amended Rules 109, 110 & 111 of the Rules of 1996, reads as under:-

"[109. Applicability. - This chapter shall apply to the following categories of Government servants on pensionable establishment, whether temporary or permanent. -

(i) Police Personnel whether in regular or irregular Units, including class-IV servant, followers and other non combatant staff attached to police force and Rajasthan Armed Constabulary upto rank of Commandant and Superintendent of Police (other than Indian Police Service Officers) and officials working as Executive Magistrate during Law and Order situations (other than All India Services Officers) who, -

(a) die while on duty, due to act of violence by terrorists, dacoits, criminals, anti-social elements including bomb blasts in public places or in course of conformation w