SURESH KUMAR Vs. UOI

JUDGEMENT

(1.) THE issue raised in the writ petition was: Whether, on being invalidated from service on medical grounds, with disability certified to be 90%, was petitioner entitled to be sanctioned disability pension.

(2.) IT was not in dispute that as per CCS(Extra-Ordinary Pension) Rules if disability was attributed to or aggravated by service, petitioner would be entitled to disability pension @ 100% in view of OM dated December 10, 2010 issued by the Ministry of Personnel, PG & Pension.

(3.) THE petitioner had additionally pleaded that being injured he availed 30 days leave and over-stayed the same by 72 days and the reason for over-staying leave was his continued medical problem in the house. Petitioner claimed that when he returned, he submitted the requisite medical papers pertaining to the treatment received by him in his house and accepting the said papers the department regularized his leave by accounting for the same towards medical leave due.