UNION OF INDIA UOI Vs. ALEX VARGHESE

JUDGEMENT

(1.) By consent of both parties, the main writ appeal itself is taken up for final hearing. Heard Mr. A. Sudhi Vasudevan, Additional Central Government Standing Counsel for the appellants and Mr. M.R. Rajendran Nair for the respondent.

(2.) The Union of India has filed this writ appeal against the order of the learned single Judge allowing OP No. 4772 of 1997 filed by the respondent herein, directing the appellants herein to grant disability pension to the respondent. The appellants (the respondents in the Original Petition) were directed to pass orders within a month from the date of receipt of a copy of the judgment. The case put forward by the respondent herein was that after having put in seven years 11 months and 20 days of service in the CRPF, he was discharged from service on being assessed to be completely and permanently incapacitated for further service of any kind in the department. It was certified that the incapacity did not appear to have been caused by irregular or intemperate habits. The respondent contended that he did not have any disability at the time of entry in service and that on account of the stress and strain caused due to the service rendered by him under the C.R.P.F. he was assessed to be disabled. Hence, it was contended that the requirement of K) years service was not necessary while claiming for disability pension. The appellant herein filed counter affidavit in the Original Petition. It is specifically stated in the counter affidavit that the disease of the respondent viz. 'choroiditis' was not attributable to conditions of service and that there was no casual connection between the disablement and Government service. It was also stated that the disease of the respondent herein, 'choroiditis' was not covered as per list and classification of disease which can be contracted by service as envisaged in Schedule IA of Central Civil Service (Extra Ordinary Pension) Rules.

(3.) Rajan, J. by judgment dated 2nd March, 1998, directed the appellants to grant disability pension to the petitioner. Orders in that respect was directed to be passed within one month from the date of receipt of a copy of the judgment. Aggrieved by the said judgment, the appellants have filed this writ appeal.