SBCWP NO.973/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.973/2002. Ummed Singh Versus State & Ors. Date of order:- January 20, 2009. HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri M.M. Mehrishi for the petitioner. Shri Aklesh Jain, Deputy Government Counsel. ***** BY THE COURT :- Heard learned counsel for the parties. 2) This writ petition has been filed with the prayer that the respondents be directed to give him special promotion to the next higher post in the Forest Department at par with Constable Laxminarain. 3) Shri M.M. Mehrishi, learned counsel for the petitioner has argued that petitioner was employed as Forest Guard as enrolled Volunteer in the Rajasthan Home Guard & Civil Defence in Jaipur City and was working as such since 29/12/1994. He was deployed as a Home Guard Volunteer with the city police for performing the duty of maintaining law & order situation in the city. In the night intervening 20/21/9.1996 he along with Constable Laxminarain SBCWP NO.973/02. 2 No.4511 of Police Station Jawaharnagar was on petrolling duty in that area. When they were petrolling, a gang of criminals was seen breaking the shutters of Look Fine Garment Shop. When they challenged the criminals, they put the petitioner on the gun point and pushed him towards at a nearby vehicle. Petitioner tried to resist them and made hues and cries. The criminals attacked him and beat him mercilessly and at the gun point of the pistol, dragged the petitioner to their vehicle standing nearby and pushed him inside the vehicle. Other criminals caught hold of Constable Laxminarain and beat him. Chief Minister of that time visited the hospital and announced that both of them would be awarded with Gallantry award by way of promotion out of turn. Although, Laxminarain was promoted out of turn but the petitioner was awarded only cash reward of Rs.1000/- by Inspector General of Police and the government did not do anything. 4) Respondents in reply to the writ petition have contended that petitioner was merely enrolled as a Home Guard Volunteer with the Rajasthan Home Guard & Civil Defence in Jaipur City and there is no provision in the said department for special promotion nor there is any such provision in the Forest Subordinate Service Rules, 1963. 5) From perusal of the reply submitted by the respondents, it is clearly evident that they are not SBCWP NO.973/02. 3 denying the fact that petitioner was with Constable Laxminarain when they both resisted the criminals and case of Shri Laxminarain for out of turn promotion was considered and he was granted such promotion but case of the petitioner was not. 6) When the respondents have already rewarded the petitioner by awarding reward of Rs.1000/-, no positive direction to now direct the award/reward can be justified as the same is the discretion of the government. At the same time, however, I set the petitioner at liberty to make a representation to the respondents for enhancement of the cash reward or otherwise rewarding him. On representation being submitted, the respondents are directed to consider and decide the same within a period of three months from the date, copy of this order is produced before them. With the aforesaid directions, the writ petition is disposed of. (MOHAMMAD RAFIQ), J. anil