LAKHESWAR DAS Vs. UNION OF UNDIA

JUDGEMENT

(1.) Both Mrs. S. Chakraborty, the learned counsel for the petitioner and Mrs. K. Bhattacharjee, the learned Central Govt. Counsel have been extensively heard. The question to be considered in this writ petition is whether an invalid pension can be granted to the petitioner irrespective of the period of service already undergone by him at the time of his discharge. The petitioner was in the service of the respondent authorities for about 6 years. During the period of his service, according to him, due to the task entrusted to him in the Motor Transport Section, he suffered from Tuberculosis and on the recommendation of the Medical Board duly constituted by the authority, he was retired from service with effect from 12.04.1986 on medical grounds, which incapacitated him from rendering service.

(2.) According to the petitioner, he approached the respondent authorities time and again but, even after 11 years, he has not been sanctioned his invalid pension. His representation was finally rejected on 11.10.2010 by the Inspector General HQ AM FTR BSF Shillong vide Annexure-11 whereupon he filed the writ petition. The fact that the petitioner was suffering from bodily infirmity which permanently incapacitated him for the service, has been admitted by the respondent authorities in their affidavit-in-opposition. The admission of the respondent authority is found at paragraph 12 of the affidavit-in-opposition dated 1.3.2011, which are as follows:--

(3.) Even a cursory look at the paragraph extracted above will reveal that the petitioner was examined by the Board of Medical Officers constituted by the competent authority, which opined that he was suffering from Pulmonary Tuberculosis (Relapse) and was considered unfit for further service in B.S.F. On the basis of this opinion of the Medical Board so constituted, he was retired from service w.e.f. 2.9.1986 on medical grounds. Rule 38 of the Central Civil Service Code (Pension) Rules, 1972 deals with invalid pension, which is reproduced below:--