G.D. ISHWAR CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER , a Constable in the Indo Tibetian Border Police (ITBP) was on deputation to National Security Guard (NSG). He was on a sanctioned short leave and while returning from his leave he met with an accident on 29.3.95 and sustained injuries. He was later placed in low medical category CEE(P) on 10.12.96 and was ultimately invalided out of service, without determination of percentage of his disability on 23.4.2000, after rendering more than 12 years of service. He was granted the service element of the pension but not the disability element of it. He represented against this but without any result. He has now filed this petition and is asking for release of 50% of the disability pension in terms of GOI Notification dated 3.2.2000. He also seeks direction to Respondent No. 4 (Insurance Company) to satisfy his claim of Rs. 2.5 lacs with interest. Respondents 1 and 2 have admitted that petitioner was on a short leave when he met with an accident on 29.3.95 and that he was placed in low medical category CEE(P) thereafter and was invalided from service. This is, however, disputed that injury sustained by him was attributable to government service as he was not on bonafide government duty on the date of accident. This was also held by the court of enquiry under NSG and its report was affirmed even by Group Commander. Accordingly his case was not covered under the Central Civil Services (Extraordinary Pension Rules) under which the EOP disability pension was to be granted only when injury or disease occurred during the discharge of duties. He was, however, granted invalid pension of Rs. 1275/ - per month from 24.4.2000. It is also disputed that Notification No. 45/22/97 -P&PW(C) dated 3.2.2000 was attracted to his case. In response to insurance claim, it is submitted that Long Term Group Janta Personnel Accident Insurance Policy for ITBP personnel was launched on 12.11.98 under which the insurance cover was valid for 12 years from 12.11.98 upto 11.11.10 for all registered members. But since petitioner had met with an accident on 29.3.95, his case could not be forwarded to the insurance company for satisfying his claim.

(2.) RESPONDENT No. 4 has also filed a counter refuting petitioner's insurance claim on the ground that accident had occurred on 29.3.95 much prior to the date of commencement of insurance policy.

(3.) UNDER the provisions of this rule disablement is regarded as due to government service if it is certified that it was due to wound, injury or disease which was attributable to Government service or which existed before or arose during government service or had been aggravated thereby. Similarly death is accepted as due to Government service provided it is certified that it was due to or hastened by wound, injury or disease which was attributable to Government service or which was aggravated by Government service having existed before or during Government service. Clause 2 of this rule, however, makes it mandatory that there should be a casual connection between disablement or death and the Government service on the other. It also says that guidelines in respect of attributability to Government service are given in Appendix to these rules and which shall be treated as part and parcel of these rules.