S JAYARAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Concededly, the petitioner was recruited as Constable in Border Security Force on 08.02.1981. After the basic recruitment training at Bangalore, he was posted at 19 Battalion during March 1982. However, during deployment of the said unit, the petitioner was posted in high altitude area. Due to continuous exposure in the snow, he developed frostbite. Then, initially he was referred to 153 GH for treatment and ultimately to ALC Pune.

(2.) The Medical Board in their proceedings certified that the petitioner suffered 100% disability. The Commandant, 19 Battalion, by proceedings dated 08.07.1997 ordered retirement of the petitioner under Rule 25(3) of Border Security Force Rules, 1969 with effect from 08.0 7.1997 a.n., with 100% disability pension as recommended by the Medical Board and other retirement benefits as admissible. Alleging that 1 00% disability pension has not been settled, the petitioner has made a representation dated 05.11.1998 to the Director General of Border Security Force, New Delhi. Thereafter, by proceedings dated 03.12.1998 , the Deputy Commandant, 19 Battalion informed the petitioner that his case for grant of 100% disability pension as per the rules was under progress.

(3.) Complaining that even thereafter he was not been settled with the 100% disability pensionary benefits, the petitioner has filed this writ petition for issuance of a Writ of Mandamus, to direct the respondents to sanction and pay 100% permanent disability pension and other consequential service benefits with effect from the date of his retirement.