SREENIVASA RAO SANAPALA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to grant him disability pension.

(2.) The petitioner joined as Constable with Indo Tibetan Border Police Force on 17/10/2005. The petitioner during training suffered from fever and he was diagnosed with 'seizures'. The petitioner was invalidated from service in 2015. The petitioner preferred CWP No.26390 of 2015 before this Court assailing invalidation order. The said petition came to be disposed of vide order dtd. 4/4/2019 (Annexure P-8) with a direction to the respondents to get the petitioner re-examined from a duly constituted Medical Board. The petitioner was re-examined by Medical Board and again he was found medically unfit. The petitioner was again invalidated from force in 2020.

(3.) Learned counsel for the petitioner inter alia contends that in terms of judgment of Hon'ble Supreme Court in Union of India v. P.A. Thomas, the petitioner is entitled to disability pension despite the fact that he has not completed 10 years continuous service.