JAGTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, prays for a direction to the respondents to grant disability pension to the petitioner with effect from 30/9/2005, under Rule 3-A of the Central Civil Services (Extraordinary Pension) Rules, 1972 [hereinafter referred to as, "CCS (EOP) Rules"], along with all consequential benefits, on account of an injury sustained by the petitioner during the course of active service.

(2.) The petitioner was enrolled as a Constable (General Duty) in the Border Security Force (BSF) on 9/9/1966, having been medically assessed under SHAPE-I medical category at the time of recruitment. He was promoted to the rank of Lance Naik (L/NK) on 18/2/1973, to the rank of Naik on 1/10/1978, and subsequently to the rank of Sub-Inspector on 12/4/1993.

(3.) On 2/12/1993, while he was posted to Srinagar and performing cordon and search duties at Sopore (J&K), the petitioner sustained a gunshot wound at the base of his nose while confronting militants, which caused serious damage to the left eyeball and the zygomatic bone, resulting in permanent loss of vision in the left eye. He was initially provided first aid at the Unit MI Room and was subsequently transferred to the 92nd Base Hospital, Srinagar, where he underwent surgery, including the evisceration of the left eye. He remained hospitalized from 2/12/1993 to 23/12/1993.Recognizing the petitioner's act of bravery, he was awarded the Police Medal for Gallantry by the President of India on 29/7/1995.