UNION OF INDIA Vs. RAJ BAHADUR SINGH

JUDGEMENT

(1.) The present special appeal seeks to challenge the judgment and order dated 27.05.2019 passed in Writ-A No.53145 of 2004 (Raj Bahadur Singh Vs. Union of India and others) whereby the writ petition has been allowed and the orders passed by the respondent authorities in terms of which the claim of the petitioner for disability compensation under the Central Civil Services (Extraordinary Pension) Rules, 1939 (CCS (EOP) Rules, 1939) stood rejected, have been set aside, and a direction has been issued to the respondents to compute the benefits payable to the petitioner under the CCS (EOP) Rules, 1939 and to pay the same within a stipulated time period as per terms of the order.

(2.) The Union of India through Secretary, Ministry of Home Affairs, Government of India, New Delhi, and the authorities of the Central Reserve Police Force, who were the respondents in the writ petition, are the appellants before us.

(3.) The principal grounds canvassed before us on behalf of the appellants is that the respondent-petitioner was not entitled to the benefit of disability compensation inasmuch as he was not 'homebound' when he met with the accident, as he had already reached home and the accident occurred when he was engaged in his personal work and as such there was no causal connection/attributability between the disablement and government service, and the interpretation given by the learned Single Judge to Rule 3-A(1)(a) of the CCS (EOP) Rules, 1939, is erroneous and the judgment and order is legally unsustainable.