RADHEY SHYAM PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide the present petition, petitioner seeks following relief(s):

(2.) Learned counsel for the petitioner submits that petitioner was appointed as Constable in RPSF on 17/8/1977 and was transferred to RPF Divisional Railway, Danapur in the year 1983. On 28/10/1987-29/10/1987, while inspecting trains at 00:30 hrs, petitioner met with an accident to the extent of loss of limbs, i.e. left arm and left leg above knee. On 28/6/1989, the petitioner was issued a certificate of 100% disability holding that he was fit for B-1 service and was unfit for all duties where active movement is required.

(3.) Petitioner made a representation dtd. 28/12/1993 for payment of disability benefits and ex-gratia for 100% disability before the Chief Security Commissioner, Eastern Central Railway, Dananpur, however, the same was rejected vide DEP no.19/94 dtd. 27/1/1994 holding that the disability pension would not be available to him since he had been retained in service and the ex-gratia would also be not available to him since the ex-gratia is paid to the dependents of a deceased employee.