MOHAN LAL Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) This is a second round of litigation that the petitioner has initiated based on the same cause of action. Prior hereto in the year 2016, the petitioner had raised the same grievance as raised in the present petition about his entitlement to 20% disability pension on account of suffering from defective eye-sight and night blindness, due to which he was invalidated from service w.e.f. 20.07.1979, upon being declared unfit for being retained in service on the basis of a report submitted by the Medical Board on 06.04.1979.

(2.) The first writ petition filed by the petitioner registered as W.P.(C)No.994/2016, was disposed of vide order dated 102016 with directions to the respondents to consider his representation dated 06.01.2015, in the light of the decisions of the Supreme Court in the case of Union of India v. Tarsen Singh, (2008) 8 SCC 648 and Dharamvir Singh v. Union of India and Others., (2013) 7 SCC 316. Further, liberty was granted to the petitioner to seek legal recourse in case he was aggrieved by the decision that may be taken by the respondents.

(3.) In compliance of the aforesaid order, the respondents passed an order dated 09.02016 stating inter alia that the disability on account of which the petitioner had been invalidated, had been categorised under Category "A" i.e. "disability due to natural causes not attributable to Government service of Rule 9 (2) of Schedule II of the CCS (Extraordinary Pension), Rules", and therefore, he was not entitled to grant of disability pension. The respondents had therefore sanctioned invalidation pension in favour of the petitioner @ Rs. 80/- and RIP @ Rs. 40/- per month, in accordance with the existing rules.