SHIV PUJAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY the Court-This petition was filed claiming invalid pension admissible under Rule 38 of the CCS. (Pension) Rules 1972. In our opinion, in view of the supervening events, the petition has become infructous. It is not disputed that during the pendency of the petition, the petitioner has been dismissed from service after conviction. Rule 38 provides that invalid pension may be granted when a Government servant retires on account of any bodily or mental infirmity which permanently incapacitates him for service. The words 'which permanently incapacitates him from service' presuppose that the Government servant would but for such incapacity have continued in service. Therefore, when the Government Servant has ceased to be in service the question whether invalid pension should be granted to him or not becomes one of academic importance only. In this view, it is unnecessary to examine whether invalid pension was wrongly disallowed to the petitioner. We, however, do not propose to make any comment on the validity of the order of dismissal which has been passed against the petitioner during the pendency of the petition. That is a matter which can be agitated by the petitioner before the appropriate forum. Under Section 27 of the Central Reserve Police Force Act, an appeal is provided against the order of dismissal. Should the petitioner decide to file an appeal the time during which this petition has been pending in this Court may be excluded in computing the period of limitation for filing the appeal.

(2.) WITH these observations the petition is dismissed. A copy of this order may be given to the learned counsel for the petitioner on payment of requisite charges within, two days. --- Petition dismissed.