UNION OF INDIA Vs. SANDIP KR. BOSE

JUDGEMENT

(1.) The respondent employee was working as a Passenger Guard with the Railways since 1974. He met with an accident arising out of and in the course of duty on 25th November, 2005. The Medical Board on 23rd June, 2006 declared that the employee had suffered 90% disablement. As a result, the employee was declared medically unfit for further service with the Railways. An application was submitted by the employee to the Railways for payment of compensation in view of the disability suffered by him. An Enquiry committee was instituted which found that the employee had indeed suffered a disablement due to an accident arising out of and in the course of employment. As compensation was not paid to the employee under the Workmen's Compensation Act, 1923 he preferred an application under the Act before the Commissioner. He was granted compensation of Rs. 3,37,975/- by an Order dated 30th April, 2007 passed by the Commissioner for Workmen's Compensation.

(2.) As the employee was declared medically unfit he was granted invalid pension under the Central Civil Service (Pension Rules) (hereinafter referred to as the CCS (Pension) Rules instead of normal pension. The employee is drawing Rs. 7,546/- as invalid pension.

(3.) The employee then applied for disability pension on the basis of the Railway Board's Circular RBE 39/2000 dated 8th March, 2000. The employee contended that in view of the recommendations made by the Vth Pay Commission, he was entitled to disability pension @ 30% of his basic pay.