ORDER :

1. The petitioner has filed the present writ petition against the letters dated 25.01.2018 (Annex.1) and 21.01.2019 (Annex.12) issued by the Soldier Welfare Department, Government of Rajasthan, denying the benefit of cash rewards and land grants to the petitioner who was awarded gallantry award (Yudh Sena Medal) on 26.01.1991.

2. The facts borne out from the pleadings and arguments are that the petitioner was working in the 5th Battalion of 9th Gorakha Rifle as Commanding Officer. He was inducted into operation ‘Pawan’ which was against militants of Sri Lanka. Because of his act of bravery and velour for the selfless devotion to duty and execution of effective counter insurgency operations in the face of militants, he was awarded ‘Yudh Seva Medal’ (for short ‘the YSM’) as evident from the notification dated 26.01.1991.

3. In 1966, the Rajasthan Gallantry Awards (Cash Awards and Land Grants) Rules, 1966 (for short ‘the Rules of 1966’) were promulgated which provides for cash rewards and land grants to the holders of gallantry awards. The YSM was included in the category of ‘Gallantry Awards’.

4. The Government of Rajasthan issued the Notification dated 18.09.1995 in exercise of the powers conferred by sub-section (1) of section 101 of the Rajasthan Land Revenue Act, 1956 (for short ‘the Act of 1956’) read with section 261 and 90 thereof, and amended the Rules of 1966 which were put into force w.e.f. 01.01.1994. The Notification dated 18.09.1995 also includes the YSM in the category of ‘gallantry awards’ for the benefits under the said Notification.

5. The petitioner being holder of gallantry awards (YSM) submitted an application on 05.12.1996 to the District Collector, Jaipur, for cash rewards and land grants under the provisions of the rules of 1966 and the Notification dated 18.09.1995. The Colonisation Department vide letter dated 02.04.1997 called for the clarification on the application of the petitioner for allowing cash rewards and land grants.

6. The Government of Rajasthan amended the provisions of the Rules of 1966 by various deletions and substitutions vide Notifications dated 17.07.2006 and 09.07.2012.

7. The Soldier Welfare Department, Government of Rajasthan, issued the recommendations in favour of the persons holding YSM for cash rewards and land grants. However, the respondents vide impugned letters dated 25.01.2018 and 21.01.2019 rejected the claim of the petitioner for cash rewards and land grants.

8. Miss Sarah Sharma, counsel appearing on behalf of the petitioner submitted that the petitioner was awarded with the YSM vide Notification dated 26.01.1991 and for cash rewards and land grants as provided under the rules, he moved an application on 05.12.1996 as evident from the letter dated 02.04.1997 of the Colonisation Department. She further submitted that in view of the provisions of the Rules of 1966 and the Notification dated 18.09.1995, the petitioner is entitled for cash rewards and land grants but he has been illegally and arbitrarily denied the benefit, though the Soldier Welfare Department vide letters dated 27.07.2016 and 29.05.2017 has stated that denying the benefits of cash rewards and land grants to the persons holding gallantry awards (YSM) is not justified. She further submitted that the respondents be directed to allow the cash rewards and land grants to the petitioner in view of the provisions of the Rules of 1966 and the Notification dated 18.09.1995 without any further delay. Counsel further submitted that the reason assigned for rejection of the claim of the petitioner in the impugned letters is contrary to the provisions of the Rules of 1966 as applicable on the date of submission of the application by the petitioner.

9. Counsel appearing for the respondents submitted that the Rules of 1966 and the amended Rules of 1995 were further amended vide Notifications dated 17.07.2006 and 09.07.