KASHMIR SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Prayer in the present writ petition is for issuance of a writ in the nature of Certiorari for quashing of order dated 17.2.2009 (Annexure P-7) passed by the Principal Controller of Defence Accounts (P), Allahabad (for short PCDA(P), Allahabad) rejecting the claim of the petitioner for grant of disability pension as per the Central Civil Services (Extraordinary Pension) Rules, 1972 (for short CCS (EOP) Rules) and for a prayer to issue a writ of Mandamus for considering the claim of the petitioner as per grant of disability pension as per CCS (EOP) Rules.

(2.) Counsel for the petitioner contends that the petitioner was appointed and joined the General Reserve Engineering Force (GREF) on 3.12.1963. The petitioner was posted at Headquarters 32 BRTF (GREF) in Kashmir Valley in December, 1997. During the days of Kargil Operations in the insurgency area, the petitioner met with an accident on 9.9.1998 while on duty. The petitioner at the relevant time after taking his lunch in JCOs'/Supervisors' Mess of 32 BRTF was walking down the steps to return to his office when he slipped and fell down. He sustained a fracture injury on his right leg. He was evacuated to Central Medical Inspection Room of Headquarter's Chief Engineer Project Beacon (GREF) and was further transferred to 92 Base Hospital of Army at Srinagar on the same day. Because of the said injury, there was shortening of leg by 5 cms. which resulted in 40% disability at the time of his superannuation. In support of these contentions, counsel relies upon Annexures P-1 to P-3. He contends that the claim of the petitioner for grant of extraordinary pension as per the 1972 Rules was forwarded by the Competent Authority after holding of the Court of Inquiry which had concluded that the injury sustained by the petitioner was in the course of bona fide Government service. This recommendation was accepted by the Commandant 32 Border Road Task Force (GREF) vide order dated 3.12.1998 (Annexure P-4). This was further accepted by the Chief Engineer, being the Competent Authority for recommending the claim of the disability pension under the CCS (EOP) Rules vide letter dated 14.6.2008 (Annexure P-6) which was further forwarded by the Director General, Border Roads to the PCDA (P), Allahabad. On consideration of the claim for payment of disability pension as per CCS (EOP) Rules, the PCDA (P), Allahabad vide order dated 17.2.2009 (Annexure P-7) rejected the claim of the petitioner on the ground that there is no casual connection between the disablement and the government service as the accident had occurred in the normal course of action and is not covered by the ambit of Government of India, Decision No. 1 category 'C' under Rule 13 of the CCS (EOP) Rules.

(3.) Counsel for the petitioner while referring to the policy decision of the respondents dated 3.2.2000 (Annexure P-5) applicable with effect from 1.1.1996 contends that the rejection of the claim of the petitioner is not in accordance with law and on all fours is covered by a Full Bench judgment of this Court rendered in LPA No. 978 of 2009 titled as Union of India and Ors. v. Khushbash Singh decided on 3 1.3.2010. He, on this basis, prays that the present writ petition may be allowed and the petitioner be held entitled to disability pension under the CCS (EOP) Rules.