EX. CONSTABLE AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Feeling aggrieved against the alleged inaction on the part of the respondent authorities, while not granting disability pension despite having suffered 70% disability, petitioner has approached this Court by way of instant writ petition under Art. 226/227 of the Constitution of India.

(2.) Notice of motion was issued and pursuant thereto, written statement was filed on behalf of the respondent.

(3.) Learned counsel for the petitioner submits that while serving in the respondent-department, petitioner was on leave and he suffered 70% disability due to a road accident. However, despite this admitted position on record that petitioner was suffering from 70% disability, he was invalidated out of service and granted only invalid pension whereas, he was entitled for disability pension. In support of his contentions, learned counsel for the petitioner relies upon a Full Bench judgment of this Court in Union of India and others Vs. Khushbash Singh, Ex. Nabi Subedar, 2010(2) S.C.T. 805 : 2010 (3) RSJ 369, and a Division Bench judgment dated 24.8.2010 passed by this Court in LPA No. 613 of 2010 (Union of India and others Vs. Smt. Roshni Devi), which came to be upheld by the Honourable Supreme Court on 10.12.2010 in Special Leave to Appeal (civil) No. 33614 of 2010. He prays for allowing the present writ petition.