UNION OF INDIA AND ORS. Vs. AMARJIT SINGH

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause X of the Letters Patent is directed against the order 28.10.2014 passed by the learned Single Judge holding that the writ petitioner (respondent herein) is entitled to invalid pension in terms of Rules 38 and 49 of the Central Civil Service (Pension) Rules, 1972.

(2.) However on 8.9.2015, learned counsel for the writ petitioners submitted that it is not the Central Civil Service (Pension) Rules, 1972, which are applicable, but the disability pension is admissible under the Central Civil Services (Extraordinary Pension) Rules, 1939 (for short 'the 1939 Rules'), which were not brought to the notice of the Court in Bashirbhai R. Khiliji's case . Such Rules are applicable to all persons paid from civil establishment except to those who are governed by the Workmen's Compensation Act, 1923 and irrespective of the fact whether the appointment is permanent or temporary, fixed or at piece work rates etc. The appellants sought time to examine the applicability of the said Rules.

(3.) The facts out of which the present appeal has arisen are that the writ petitioner joined the Border Security Force in Medical Category Shape-I on 11.08.1967. He was invalidated out from service with 100% blindness on 27.02.1975, but has not been paid any disability pension for the reason that he had less than 10 years of qualifying service required under the 1972 Rules. It is the categorical case of the petitioner that while posted in Ladkah Sector in high altitude area, the petitioner suffered acute eyesight failure and was medically treated in various hospitals. On 12.12.1974, the appellants issued a letter to the effect that the writ petitioner shall not be entitled to pensionary benefits as per the Rules. Subsequently, the petitioner was invalidated out from service on 27.2.1975. The petitioner has been seeking disability pension from the date of discharge but without any success.