- (1.) THE petitioner, a member of Defence Services of the country and having been awarded 'Shaurya Chakra', has filed this writ petition stating grievance against the notification dated 17.07.2006 making the Rajasthan Gallantry Awards (Cash Rewards and Land Grants) (Amendment) Rules, 2006 (hereinafter referred to as 'the amendment notification' / 'the amendment rules') whereby the provisions of the Rajasthan Gallantry Awards (Cash Rewards and Land Grants) Rules,1966 (hereinafter referred to as 'the Rules of 1966') were amended to the effect that the holder of the gallantry award would be allotted the land only in Indira Gandhi Nahar Pariyojana, Phase-II while omitting the provision that permitted such award holder to seek allotment of land in the Tehsil where he resided. The petitioner has also prayed for directions to the respondents to allot him the land in the home district as proposed by the Collector concerned under the communications dated 11.12.2008 (Annex.5) and dated 24.09.2009 (Annex.7).
(2.) THE relevant background aspects concerning the rules and notification in question may be noticed at the outset. The Rules of 1966 came to be promulgated with the State Government considering it desirable to recognise and reward such members of defence services of the country who have distinguished themselves by conspicuous acts of gallantry and who are awarded gallantry decorations by the President of India. The Rules of 1966 govern the grant of cash and rewards and land grants for the gallantry award holders whose award became effective on or after 01.11.1962, as per its Rule 3 that reads as under:- "3. Applicability of these rules- These rules shall govern the grant of cash rewards and land grants for holders of gallantry award, whose gallantry award became effective on or after the first day of November, 1962." Rule 4 of the Rules of 1966 deals with the scale of rewards and grants. Before the questioned amendment notification, the scale of reward and grant to the holder of 'Shaurya Chakra' was as under:- "Rs.5,000.00 in cash and 25 bighas of irrigated or 50 bighas of unirrigated land".
(3.) THOUGH the original sub-rule (3) of Rule 4 provided that the grant would be made in the Rajasthan Canal Project and other project areas but, by way of an amendment made in the year 1979, a proviso was added to sub-rule (3) of Rule 4 making it permissible to allot the land to the gallantry award holder in his own tehsil. Thus, sub-rule (3) of Rule 4, after the amendment of the year 1979 read as under:- "(3) The grant shall be made in the Rajasthan Canal Project and other project areas: Provided that agricultural land may be allotted to a holder of a gallantry award in his own Tehsil where he resides, if desired by him." ;