PARIHAR, J. - (1.) THE petitioner been wife of a freedom fighter is claiming appointment for her son under the provisions of the Rajasthan Freedom Fighters Aid Rules of 1959 in the present writ petition. THE husband of the petitioner been a freedom fighter been not been disputed so far. However, the employment to the dependents can be given only under the relevant provisions of the Rules referred by the petitioner.
(2.) RULE 3 of the RULEs of 1959 is in regard to sufferings for which the aid can be granted. The same is quoted hereasunder :- " 3. Sufferings for which aid can be granted-The sufferings for which aid may be granted under these rules to a political sufferer or in case of his death to his dependents, shall be all or any of the following, namely.- (a) death caused- (i) in pursuance of a capital sentence for an offence committed in pursuance or in furtherance of a political movement or otherwise related to such political movement, or (ii) while in imprisonment as a convict or an under trial prisoner for any such offence, or (iii) while in detention on the grounds connected with political movement, or (iv) in consequence of a hunger strike undertaken during the course of a political movement or while in such imprisonment or detention, or in consequence of some disease contracted while in such imprisonment or detention or on such hunger strike, or (vi) in consequence of having been short down or beaten or otherwise tortured while in such imprisonment or detention as aforesaid or on account of his activities connected with a political movement or otherwise under the orders or at the instigation or with the connivance of the Government or of any officer thereof or of the holder of a Thikana in Rajasthan or his subordinate or servants for any activities connected with such movement, or (vii) otherwise during the course of any official, non official or Thikana activity in connection with a political movement; (b) permanent bodily or mental disablement caused in the circumstances specified in clause (a); (c) loss of or damage to property, whether movable or immovable. (i) by seizure, confiscation or forfeiture, or (ii) by imposition and recovery or fine including a collective fine, or (iii) by attachment or attachment and sale or sale without attachment or sale of property seized, confiscated or forfeited, or (iv) by loot or plunder, or (v) by any other similar thing or event which the State Government may in its discretion decide to have been done or to have taken place, on grounds connected with political movement or as a result of any act or offence related to or arising from or during the course of any action taken the suppression of such movement under the orders or at the instigation of with the connivance of the Government or any officer there of or of the holder of a Thikana in Rajasthan or his subordinates or servants or otherwise. (d) loss of Government service by dismissal, discharge, forced resignation on grounds connected with political movement or for association with or participation in a political movement or on the grounds of association or relationship with a person participating in a political movement or engaged in any activity connected with political movement. (e) termination of the educational carrier by expulsion or rustication from any educational institution or examination on account of participation in a political movement, subject to production of clear proof to that effect. " Rule 4 of the above Rules of 1959 which provides for forms of aid is also quoted hereasunder:- " Forms of aid.- The forms in which aid may in the discretion of the State Government be granted under these rules shall be all or any of the following, namely,- (i) pension for life or for specified period; (ii) lump sum grants for taking to some business or industry or otherwise; (iii) restoration of or compensation for the property confiscated, forfeited, seized, lost or damaged in the circumstances mentioned in rule 3 (c) and refund of fines; (iv) re-employment in Government service and proportionate pension or employment of dependents in Government service; (v) land grants for settlement as agriculturists. " So far as the employment is concerned, the relevant rule is rule 12, which is also quoted hereasunder:- " 12. Employment in Government service. etc. (1) A person who lost Government service in the circumstances specified in clause (d) of rule 3 will be eligible to re-employment in Government service if he is below fifty five years of age. (2) Such person may be granted with retrospective effect from the date of the termination of his service such proportionate pension or gratuity or both as would have been admissible to him on that date according to the Rules to which he was then subject as if he had been compulsorily retired on and from that on grounds of ill health. (3) A civil pensioner whose pension was forfeited in any of the circumstances specified in clause (d) of rule 3 will be restored his pension with retrospective effect from the date on which the forfeiture took effect. (4) Except as provided in sub-rule (5) no claim for any relief under this rule shall be entertained if made by any dependent, heir or successor of a political sufferer. (5) If a person who lost Government service in the circumstances specified in clause (d) of Rule 4 has since died or is more than fifty-five years of age or has become infirm and unfit for Government service the State Government may provided suitable employment in Government service to any two of such person's dependents or, if there be no dependents in existence to any one of his heirs if it is satisfied of the existence of acute distress for want of such employment. " As per reply filed on behalf of the respondents, the petitioner is already getting Rs. 3,720/- per month as freedom fighter pension from the Central Government and Rs. 1,500/- per month from the State Government with a further State Medical Relief of Rs. 300/- per month. There is also a detailed procedure provided under Rule 14 under which the relevant aid provided under Rule 12 can be granted by the State Government. Be that as it may. Even otherwise, the petitioner has not been able to make out any case to bring her claim for employment in any of the provisions referred above. Accordingly, I find no merit in the writ petition and the same is dismissed. However, the petitioner is always be at liberty to make proper representation before the State Government for enhancement or any additional aid, if she so thinks proper. . ;