ORDER : 1. The petitioner has filed the present writ petition against the letters dated 25.01.2018 (Annex.1) and 21.01.2019 (Annex.12) issued by the Soldier Welfare Department, Government of Rajasthan, denying the benefit of cash rewards and land grants to the petitioner who was awarded gallantry award (Yudh Sena Medal) on 26.01.1991. 2. The facts borne out from the pleadings and arguments are that the petitioner was working in the 5th Battalion of 9th Gorakha Rifle as Commanding Officer. He was inducted into operation ‘Pawan’ which was against militants of Sri Lanka. Because of his act of bravery and velour for the selfless devotion to duty and execution of effective counter insurgency operations in the face of militants, he was awarded ‘Yudh Seva Medal’ (for short ‘the YSM’) as evident from the notification dated 26.01.1991. 3. In 1966, the Rajasthan Gallantry Awards (Cash Awards and Land Grants) Rules, 1966 (for short ‘the Rules of 1966’) were promulgated which provides for cash rewards and land grants to the holders of gallantry awards. The YSM was included in the category of ‘Gallantry Awards’. 4. The Government of Rajasthan issued the Notification dated 18.09.1995 in exercise of the powers conferred by sub-section (1) of section 101 of the Rajasthan Land Revenue Act, 1956 (for short ‘the Act of 1956’) read with section 261 and 90 thereof, and amended the Rules of 1966 which were put into force w.e.f. 01.01.1994. The Notification dated 18.09.1995 also includes the YSM in the category of ‘gallantry awards’ for the benefits under the said Notification. 5. The petitioner being holder of gallantry awards (YSM) submitted an application on 05.12.1996 to the District Collector, Jaipur, for cash rewards and land grants under the provisions of the rules of 1966 and the Notification dated 18.09.1995. The Colonisation Department vide letter dated 02.04.1997 called for the clarification on the application of the petitioner for allowing cash rewards and land grants. 6. The Government of Rajasthan amended the provisions of the Rules of 1966 by various deletions and substitutions vide Notifications dated 17.07.2006 and 09.07.2012. 7. The Soldier Welfare Department, Government of Rajasthan, issued the recommendations in favour of the persons holding YSM for cash rewards and land grants. However, the respondents vide impugned letters dated 25.01.2018 and 21.01.2019 rejected the claim of the petitioner for cash rewards and land grants. 8. 7. The Soldier Welfare Department, Government of Rajasthan, issued the recommendations in favour of the persons holding YSM for cash rewards and land grants. However, the respondents vide impugned letters dated 25.01.2018 and 21.01.2019 rejected the claim of the petitioner for cash rewards and land grants. 8. Miss Sarah Sharma, counsel appearing on behalf of the petitioner submitted that the petitioner was awarded with the YSM vide Notification dated 26.01.1991 and for cash rewards and land grants as provided under the rules, he moved an application on 05.12.1996 as evident from the letter dated 02.04.1997 of the Colonisation Department. She further submitted that in view of the provisions of the Rules of 1966 and the Notification dated 18.09.1995, the petitioner is entitled for cash rewards and land grants but he has been illegally and arbitrarily denied the benefit, though the Soldier Welfare Department vide letters dated 27.07.2016 and 29.05.2017 has stated that denying the benefits of cash rewards and land grants to the persons holding gallantry awards (YSM) is not justified. She further submitted that the respondents be directed to allow the cash rewards and land grants to the petitioner in view of the provisions of the Rules of 1966 and the Notification dated 18.09.1995 without any further delay. Counsel further submitted that the reason assigned for rejection of the claim of the petitioner in the impugned letters is contrary to the provisions of the Rules of 1966 as applicable on the date of submission of the application by the petitioner. 9. Counsel appearing for the respondents submitted that the Rules of 1966 and the amended Rules of 1995 were further amended vide Notifications dated 17.07.2006 and 09.07.2012. While amending the provisions of the Rules of 1966 vide Notifications dated 17.07.2006 and 09.07.2012, the YSM was not included in the category of gallantry awards and therefore, when the case of the petitioner was considered, he was not allowed the cash rewards and land grants and was informed about the decision vide letters dated 25.01.2018 and 21.09.2019. Counsel submitted that vide Notification dated 18.09.1995 the Rules of 1966 were amended and the said amended provisions were made effective from 01.01.1994. Since the petitioner was awarded gallantry award on 26.01.1991, his case cannot be covered under the Notification dated 18.09.1995. 10. Considered the submissions made by the counsel appearing for the respective parties and also perused the material available on the record. Since the petitioner was awarded gallantry award on 26.01.1991, his case cannot be covered under the Notification dated 18.09.1995. 10. Considered the submissions made by the counsel appearing for the respective parties and also perused the material available on the record. 11. It is an admitted fact that the petitioner was awarded the YSM on 26.01.1992 and also there is no dispute that the Rules of 1966 provides for grant of cash rewards and land grants to the holders of gallantry awards i.e. the YSM. The Rules 2,3,4 and 7 of the Rules of 1966 are relevant for consideration of the case of the petitioner and the same are being quoted below:- “2. Definitions.- In these rules, unless the context otherwise requires- [(i) ‘Gallantry Award’ means any of the following Gallantry Awards instituted by the President of India- (a) Param Vir Chakra (b) Ashok Chakra (c) Sarvotam Yudha Seva Medal (d) Mahavir Chakra (e) Kirti Chakra (f) Uttam Yudha Seva Medal (g) Vir Chakra (h) Shaurya Chakra (i) Yudha Seva Medal (j) Sena/ Nao Sena/ Vayu Sena Medal. (ii) Grant means a land grant made under these rules; and a ‘grantee’ means a person to whom such grant is made; (iii) 'kkS;Z iqjLdkj /kkjd ls ,slk O;fDr vfHkizsr gS ftls 'kkS;Zrk iqjLdkj iznku fd;k x;k gS rFkk tks jktLFkku esa vf/kokflr gS vFkok tks Hkkjr dk ukxfjd gS vkSj ftlus ;q) ds nkSjku jktLFkku esa dgha Hkh yM+kbZ ds eSnku esa lkgl iznf'kZr djus ds vk/kkj ij 'kkS;Z iqjLdkj izkIr fd;k gSA 3. Applicability of these rules.- These rules shall govern the grant of cash rewards and lands grants for holders of gallantry award, whose gallant iv award became effective on or after the first, day of November, 1962. 4. Applicability of these rules.- These rules shall govern the grant of cash rewards and lands grants for holders of gallantry award, whose gallant iv award became effective on or after the first, day of November, 1962. 4. Scale of rewards and grants.- (1) The scale of rewards and Grants admissible to the holder of a gallantry award, shall be as following- (a) Param Vir Chakra Rs.20,500/- in cash and 25 bighas of irrigated land or 50 bighas of unirrigated land (b) Ashok Chakra Rs.20,000/- in cash and 25 bighas of irrigated land or 50 bighas of unirrigated land (c) Sarvotam Yudha Seva Medal Rs.17,000/- in cash and 25 bighas of irrigated land or 50 bighas of unirrigated land (d) Mahavir Chakra Medal Rs.15,000/- in cash and 25 bighas of irrigated land or 50 bighas of unirrigated land (e) Kirti Chakra Medal Rs.12,000/- in cash and 25 bighas of irrigated land or 50 bighas of unirrigated land (f) Uttam Yudha Seva Medal Rs.10,000/- in cash and 25 bighas of irrigated land or 50 bighas of unirrigated land (g) Vir Chakra Medal Rs.7,000/- in cash and 25 bighas of irrigated land or 50 bighas of unirrigated land (h) Shaurya Chakra Medal Rs.5,000/- in cash and 25 bighas of irrigated land or 50 bighas of unirrigated land (i) Yudha Seva Medal Rs.4,000/- in cash and 25 bighas of irrigated land or 50 bighas of unirrigated land (j) Sena/Nao Sena/ Vayu Sena Medal Rs.3,000/- in cash and 25 bighas of irrigated land or 50 bighas of unirrigated land 7. Application for reward and grant.- (1) As soon as the Gallantry Award is published in the Gazette of India, the holder of the gallantry award or his heirs as the case may be, may apply of the Collector to the Distt. Concerned in which the said holder or his heirs reside or resided. (2) The application shall be in the form of Annexure ‘A’ to these Rules and shall be accompanied by a copy of the citation of the gallantry award. It shall be verified by the Records Office concerned. [(3) On receipt of the application duly verified by officer-in-charge, Records Office, the Collector shall send the same to the Director, Sainik Kalyan Vibhag, Rajasthan, Jaipur to issue sanction in form of Annexure ‘B’ of these Rules and draw and disburse the amount to the applicant.] 4. It shall be verified by the Records Office concerned. [(3) On receipt of the application duly verified by officer-in-charge, Records Office, the Collector shall send the same to the Director, Sainik Kalyan Vibhag, Rajasthan, Jaipur to issue sanction in form of Annexure ‘B’ of these Rules and draw and disburse the amount to the applicant.] 4. As for allotment of land, the Collector shall write to the Commissioner, Colonisation, Bikaner for allotment of the applicant in accordance with these rules. A copy of this letter shall be endorsed to the applicant. (5) On receipt of the intimation from the Collector, the Colonisation Commissioner, shall proceed to allot land to the applicant forthwith according to the scale prescribed in these rules.” 12. The Government of Rajasthan issued the Notification dated 18.09.1995 making certain amendments in the Rules of 1966 which were made effective from 01.01.1994. As per the said Notification the YSM was included in the category of gallantry awards and the holders of the YSM were entitled for cash rewards of Rs.4,000/- and land grants as 25 bigha of irrigated land or 50 bighas of unirrigated land. 13. The petitioner moved an application on 05.12.1996 to the District Collector, Japur, for cash rewards and land grants under the original and amended provisions of the Rules of 1966 effective on that day. In view of the provisions of the Rules of 1966 and the provisions amended vide Notification dated 18.09.1995, the petitioner was entitled for cash reward and land grants because the YSM which was awarded to the petitioner was in the category of gallantry awards and the Rules provide for cash rewards and land grants to the holders of the YSM. The respondents kept sitting over the application of the petitioner for more than two decades and informed to the petitioner vide impugned letters that he is not entitled for cash rewards and land grants because the Notification dated 18.09.1995 was made applicable w.e.f. 01.01.1994, and therefore, the holders of YSM prior to 01.01.1994 are not entitled for the benefits under the said Rules. 14. As has been observed above that under the Rules of 1966 as well as the provisions amended vide Notification dated 18.09.1995, the holders of YSM are entitled for cash rewards and land grants. 14. As has been observed above that under the Rules of 1966 as well as the provisions amended vide Notification dated 18.09.1995, the holders of YSM are entitled for cash rewards and land grants. The reason submitted by the respondents for denying the cash rewards and land grants to the petitioner that the persons awarded YSM prior to 01.01.1994 are not entitled for the benefits under the Rules of 1966, is wholly illegal, arbitrary and unjustified. 15. May be when the respondents issued the Notifications dated 17.07.2006 and 09.07.2012, the holders of YSM are not included for getting the benefits of cash rewards and land grants under the Rules of 1966 but on the date of the application i.e. 05.12.1996, the petitioner was fully entitled for cash rewards and land grants under the provisions of the Rules of 1966. Inordinate delay and laches on the part of the respondents in considering the application of the petitioner cannot be cited as a reason for rejection of his claim. The respondents have not acted fairly and objectively as is evident from the fact that the petitioner submitted an application 05.12.1996 for cash rewards and land grants under the provisions of the Rules of 1966. The respondents conveyed the decision after more than two decades that the petitioner was not entitled as the Notification dated 18.09.1995 was made effective from 01.01.1994, and therefore, the persons holding the gallantry awards prior to 01.01.1994 are not entitled including the petitioner who were awarded the YSM on 26.01.1991. 16. Rule 2 of the Rules of 1966, as on the date of the application made by the petitioner i.e. on 05.12.1996, provides for allowing cash rewards and land grants to the gallantry award holders including the YSM. As per the provisions of the said Rules the petitioner who was awarded gallantry award on 26.01.1991 was entitled for cash reward of Rs.4,000/- and 25 bigha of irrigated land or 50 bighas of unirrigated land as a land grant. The reason for declining the benefit of cash reward and land grants to the petitioner saying that the Notification dated 18.09.1995 was put into force w.e.f. 01.01.1994, and therefore, the petitioner is not entitled for the said benefits as he was awarded the YSM on 26.01.1991, cannot be accepted being contrary to the provisions of the Scheme of the Rules. 17. 17. Though under the Rajasthan Gallantry Awards (Cash Rewards and Land Grants) (Amendment) Rules, 2006 (for short the ‘Said Amendment Rules of 2006’) promulgated vide Notification dated 17.07.2006, came into force from the date of publication in the Official Gazette, does not include the GSM under the gallantry awards but proviso to the said amendment rules of 2006 provides that the persons who received the gallantry awards prior to the publication of the said amendment rules of 2006, shall be entitled to the cash rewards and land grants as per the provisions of rule 4 applicable prior to the commencement of the said amendment rules of 2006. The proviso part of the said amendment rules of 2006 is quoted as under:- “Provided further that the person, who received the gallantry awards prior to the publication of the Rajasthan Gallantry Awards (Cash Rewards and Land Grant) (Amendment) Rules, 2006 (hereinafter referred to as the ‘Said Amendment Rules’) shall be entitled to the Cash Rewards and Land Grants as per the provisions of rule 4 applicable prior to the commencement of the ‘Said Amendment Rules.” Similarly, the Rajasthan Gallantry Awards (Cash Rewards and Land Grants) (Amendment) Rules, 2012 (for short the said ‘Said Amendment Rules of 2012’) which were promulgated vide Notification dated 09.07.2012 and put into force w.e.f. 01.10.2011 also not includes the YSM in the gallantry awards but proviso to the said amendment rules of 2012 provides that the person, who received the gallantry awards prior to Ist October 2011, shall be entitled to the cash rewards and land grants as per the provisions of rule 4 applicable prior to the above date. The proviso part of the said amendment rules of 2012 is quoted as under:- “Provided further that the person, who received the gallantry awards prior to Ist October 2011, shall be entitled to the cash rewards and land grants as per the provisions of rule 4 applicable to the above date.” The bare reading of the proviso to the said amendment rules reveals that the persons who received the gallantry awards prior to the commencement of these rules, are entitled for the cash rewards and land grants as per provisions of Rule 4 applicable at the relevant time. 18. The upshot of the above discussion is that the instant writ petition is allowed. 18. The upshot of the above discussion is that the instant writ petition is allowed. The impugned letters dated 25.1.2018 (Annex.11) and 27.01.2019 (Annex.12) are set aside and the respondents are directed to allow the benefit of cash rewards of Rs.4,000/- and allotment of 25 bighas of irrigated land or 50 bighas of unirrigated land to the petitioner. 19. The requisite exercise in this regard be made by the respondents as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order. 20. The petitioner moved an application for grant of cash rewards and land grants on 05.12.1996 but the respondents did not care to consider the application and pass appropriate orders for more than two decades. The respondents conveyed the rejection of the claim of the petitioner and the reasons thereof vide impugned letters dated 25.01.2018 and 21.01.2019. The rejection of the claim of the petitioner, as observed above, is wholly illegal and arbitrary and in such circumstances the petitioner is required to be compensated by imposing cost of Rs.1 lakh upon the respondents to be paid to the petitioner. 21. Pending application/s, if any, stand/s disposed of.