SURENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Manish Mohan, the learned Standing Counsel for the respondents submits that he can assist the Court even in the absence of the counter affidavit which was to be filed by the respondents. The matter is accordingly taken up for final hearing.

(2.) It is the case of the petitioner that he was awarded a police medal by the Hon'ble President of India for gallantly fighting the terrorists of Punjab on 7th February, 1992, the day when he received a bullet injury to his spinal cord. The Doctor who attended to him advised that if the bullet is removed from the spinal cord, it can either result in the permanent disablement of the petitioner or his death. The petitioner preferred to get himself medically treated without getting the bullet removed and after his treatment, the level of his disablement was assessed at 60% by the Safdarjung Hospital.

(3.) It is further submitted that after suffering such disability, he was posted to a high altitude area by the respondents without realizing and appreciating the fact that the petitioner would not be in such a condition to perform duties at such high altitude areas. Getting frustrated by such a decision of the respondents, the petitioner submits that he was compelled to seek voluntary retirement. In consequence, the petitioner requested the respondents to discharge him from service with effect from 31st October, 2002 and thereafter, he was granted ordinary service pension vide PPO No.239030252101 dated 9.1.2003. The grievance of the petitioner is that he is entitled to liberalized pension under Clause 'D' of CCS (EOP) Rules as he took discharge from service due of the fact that he had received a serious bullet injury to his spine while fighting the terrorists and not just out of his own choice and volition. The petitioner had also preferred an appeal but the same was rejected by the respondents on the ground that there is no provision for liberalized service pension in case of voluntary retirement.