Smt. Lehro Devi vs State Of Rajasthan And Ors. ...
2025 Latest Caselaw 14845 Raj

Citation : 2025 Latest Caselaw 14845 Raj
Judgement Date : 4 November, 2025

Rajasthan High Court - Jodhpur

Smt. Lehro Devi vs State Of Rajasthan And Ors. ... on 4 November, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:47512]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 4947/2018

Smt. Lehro Devi W/o Late Const. Yogesh Kumar, Resident Of
Village And Post Bhaniyala, Tehsil- Pokaran, District- Jaisalmer
Rajasthan.
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan Through The Secretary, Department
         Of Home Affairs, Govt. Of Rajasthan, Jaipur.
2.       Director General Of Police, Police Headquarter, Jaipur.
3.       Director, Pension And Pensioners Welfare Department,
         Jaipur.
4.       Superintendent Of Police Grp North, Jodhpur.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Sanwar Lal Inda
For Respondent(s)           :     Mr. Ritu Raj Singh Bhati
                                  Mr. Shailendra Kumar



                HON'BLE MR. JUSTICE FARJAND ALI

Order

04/11/2025

1. By way of filing the instant writ petition, the petitioner has

sought following prayers:-

"1. That by an appropriate writ, order or direction, the respondents may be directed to grant special pension award to the petitioner w.e.f. date of death of her husband with interest at the rate of 18% p.a.

2. The respondents may kindly be directed to convert ordinary family pension of the petitioner to special pensionary award with consequential benefits to the petitioner."

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2. Learned counsel for the petitioner states at Bar that the

controversy involved in the present writ petition has already been

decided by this Court in the case of Mst. Papu Devi Vs. State of

Rajasthan & Ors. (SBCWP No.3087/1996, decided on

23.10.2008), wherein this Court while allowing the writ petition

filed by the petitioner held as under:-

"Consequently, this writ petition is allowed and the respondents are directed to give the arrears of pension computing the same under Rule 268-K of the Act with effect from the date of death of the husband of the petitioner on 17.12.1991 till date within a period of 3 months from today. The said arrears will bear interest at the rate of 12% per annum, if not paid within three months from today. The petitioner shall be further entitled to regular special pension as aforesaid on month to month basis in accordance with Rule 268-K at the rate of monthly emoluments which the deceased ASI Shankar Lal was drawing at the time of his death, with further revision in pay scale and other benefits, had the remained in service till his age of superannuation.

10. Having said this and held in favour of the petitioner, this Court further directs the respondent State and responsible authorities of the Police Department to suo moto review and consider all such cases whether representations are pending before them or not and in order to give equal and fair treatment to all such similarly situated persons namely widows and family members of the police personnel dying or being killed while on duty after 5th August 1965 when Chapter XXIII-B was inserted, to give special pension under aforesaid Chapter XXIII-B of RSR to them irrespective of long lapse of time or limitation. In compliance of this direction, an Action Taken Report

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[2025:RJ-JD:47512] (3 of 3) [CW-4947/2018]

indicating as to how many cases have been so dealt with and decided and if not decided reasons, therefore in accordance with the aforesaid directions, by the Police Department of the State Government, be filed before this Court within a period of six months from today with reference to this care. This is so because it is felt that State should scrupulously avoid unnecessary litigation and being a welfare State should act fairly and accord equal treatment to all similarly situated persons. Ever since the Division Bench judgment quoted above and two judgments of Single Benches including present one, the position with regard to interpretation of Rule 268-1, 268-J and 268-K has become final as the Division Bench judgment has already been upheld by the Apex Court. This direction is issued so that the similarly situated persons, who may or may not be aware of these judgments of this Court should also get the similar treatment at the end of respondent State and its higher authorities of the Police Department. The Action Taken Report or compliance report be placed before this Court in the month of May, 2009.