Govind Mathur, J. - (1.) The petitioner, widow of Late Shri Jitendra Singh, by this petition for writ is claiming a direction for respondents to release her special pension as per Rule 268(1) of the Rajasthan Service Rules, 1951 (for short 'the Rules of 1951' hereinafter).
(2.) In brief, facts of the case are that Shir Jitendra Singh, husband of the petitioner died on 30.11.2006 while travelling in Bus No.RJ-22-P-1390 for official purpose. The petitioner, accordingly, claimed for special pension as per provision of Rule 268(1) of the Rules of 1951. Rule 268(1) of the Rules of 1951 reads as follow:- "268.I. Applicability.-This Chapter shall apply to the following categories of Government servants on pensionable establishment whether temporary or permanent who are in service on the 5lh day of August, 1965 or who enter service on or after that date - (i) "Police personnel, whether in Regular or Irregular Units including R.A.C. up to the rank of Commandant and Superintendent of Police (other than I.P.S. Officers) who die as a result of encounter with dacoits, (ii) Police personnel, whether in Regular or Irregular Units including R.A.C. up to the rank of Superintendent of Police (other than I.P.S. Officers) and Class IV servants followers and other non-combatant staff attached to the Police Force, who are killed while on duty as a result of enemy action (including action by paratroopers and infiltrators from Pakistan). [(iii) Police personnel, whether in regular or Irregular units including R.A.C. up to the rank of Commandant and Superintendent of Police (other than I.P.S. Officers) who die as a result of encounter with criminals or in the course of confrontation with mobs and crowds during agitation-riot or civil commotion or communal disturbances etc.] [(iv) Personnel of Preventive Branch of the Excise Department upto the rank of excise Officer (Preventive) who are killed or die as a result of injury sustained while undertaking raids]"
(3.) The claim of the petitioner was denied by the respondents on the count that Shri Jitendra Singh died as a consequent to an accident and was not killed while on duty, as result of enemy action including action by paratroopers and infiltrators from Pakistan.;