GOKARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by the Petitioner challenging the order dated 19.8.1996 (Annexure -10 to the writ petition), whereby the representation/claim of the Petitioner for grant of invalid pension has been rejected. He has, inter alia, prayed that the Respondents be directed to give invalid pension to the Petitioner.

(2.) THE brief facts of the present case are as follows:

(3.) IT is an admitted fact that the Petitioner had put in only three and half years of service as a constable. It was during the period of service, when the disease known as "Poly Arthritis" was diagnosed on the Petitioner and the services of the Petitioner were subsequently terminated vide order dated 2.9.1991. Termination order of the Petitioner states that the services of the Petitioner were terminated under Section 16 of the Central Reserve Police Force Rules, 1955, which are applicable in the present case. As per the said Section, a constable is first inducted in service only for a period of three years as a temporary employee. It is after a period of three years, that he may be given a substantive status. In case, he is not given a substantive status, then the constable can either be considered for declaration as a "quasi permanent employee", in case he is not declared as such, then this status would remain that of a temporary government servant. This is clear from Section 16 of the CRPF Act. Rule 16 of the CRPF Rules reads as under: