EX. CONSTABLE GURDEV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for declaration that the plaintiff is entitled to disability pension including arrears of such pension & allowances therefrom was dismissed.

(2.) The plaintiff served in the Border Security Force from 09.10.1966 to 19.05.1973, when he was invalidated out of service on medical grounds. The Release Medical Board put the plaintiff into low medical category 'EEE' (Permanent) on account of suffering from 'left ear complete deafness, loss of hearing right ear, chronic, dits media, perforation of drum and dimirutiar of hearing'. The assertion of the plaintiff-appellant is that he has suffered disability during the active service of the Border Security Force, therefore, he is entitled to disability/invalid pension in terms of Central Civil Services (Pension) Rules 1972 and the Border Security Force Rules as applicable to the members of the Border Security Force.

(3.) In reply, the defendants pleaded that the suit is time barred, as the plaintiff was discharged from service on 19.05.1973, whereas the suit has been filed on 16.07.1994. The plaintiff served as Constable from 09.10.1966 to 19.05.1973 and was discharged on medical grounds being category EEE (Permanent). Since the plaintiff did not complete the minimum required qualifying service for earning pension as per Central Civil Services (Pension) Rules 1972, therefore, the plaintiff is not entitled to disability pension, as the disability was not directly attributable to the service.