SI SURESH KUMAR (RETD.) Vs. UOI AND ORS.

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioner seeking award of disability pension in accordance with the CCS (Extraordinary Pension), Rules as well as the amount payable to him from the due date on account of his invalidation from service and on account of his having suffered 90% disability. It is further contended that as per the Office Memorandum dated 10th December, 2010 issued by the Ministry of Personnel (Personal Grievance and Pension), this disability has to be reckoned as 100%. The factual narration giving rise to the instant writ petition so far as the service record of the petitioner is concerned is not disputed and is briefly noticed hereinafter.

(2.) THE petitioner was enrolled in the Central Industrial Security Force (CISF) on 7th November, 1986 as a Head Constable under the Sports quota. It is undisputed that the petitioner was a wrestler. Even after his enrolment, he successfully participated in several events and won laurels for the CISF. In view thereof, the petitioner was given accelerated promotions, firstly, to the rank of Assistant Sub -Inspector (ASI) on 1st June, 1989 and thereafter to the post of Sub -Inspector/Exe. (SI/Exe.) on the 23rd of September, 1993, both admittedly under the sports quota. It is an admitted position that the petitioner participated in the 17th All India CISF Wrestling/Judo Competition held at CISF Unit Bhopal and won a gold medal as well as a cash reward.

(3.) IT is at this stage, on account of medical difficulties being faced by him, the petitioner claims to have been granted commuted leave between 20th December, 1996 to 31st December, 1996 on the basis of the medical certificate which he submitted to the respondent. In this regard, the petitioner has placed before us the extract of his service book which clearly contains endorsement to this effect under the signature of the petitioner's Assistant Commandant. The respondents do not dispute this position.