JAI PRAKASH DHAKA Vs. UOI

JUDGEMENT

(1.) NOTWITHSTANDING all and sundry pleading in the writ petition and reliefs prayed for, learned counsel for the petitioner restricted submissions to the issue of petitioner being discharged from service on account of physical infirmity and petitioner's entitlement to disability pension.

(2.) EMPLOYED as a driver with C.I.S.F., on 02.12.1995 petitioner was driving a vehicle along with an escort party bringing cash from Okha to Doyang in Nagaland. At 13:50 hrs. militants attacked the party. Encounter ensued for 15-20 minutes. Heavy exchange of fire took place. Petitioner received grievous injuries. A bullet hit his lower jaw. A portion of mandible as also three teeth were lost. Left shoulder got bullet damaged, which required skin grafting. Medial aspect of left arm was rendered virtually immobile. Splinter pieces were embedded all over the body. By 19.05.1996, it was apparent that the petitioner would not show much recovery and would be permanently physically handicapped for the rest of his life. A certificate dated 19.05.1996 issued by the Senior Medical Officer of NEEPCO Hospital, Doyang records that there is considerable degree of restriction of movement of neck and left hand of the petitioner due to injuries and post-operative complications. He certified that the petitioner was no longer fit to drive a vehicle and could at best be assigned light duties.

(3.) WE note that the petitioner had earlier filed W.P.(C) No. 2020/2003, which was as confusing, probably much more, than the instant writ petition. The same was disposed vide the order dated 21.10.2009 directing the petitioner to file a properly drafted writ petition limiting the issue to petitioner's entitlement to be paid disability pension.