(1.) Sukhpal Kaur widow of Ranjit Singh, Postal Assistant, Village Sheikhupura, Tehsil Talwandi Sabo, District Bhatinda has preferred the present Civil Writ Petition under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari quashing order dated 14.5.2004, Annexure P-10, and claiming disability pension @ 100% in respect of Ranjit Singh from 23.12.1989 to 22.11.2002 and family pension from 23.11.2002 onwards along with interest.
(2.) Ranjit Singh, No. 80708 was enrolled as Postal Assistant on 14.12.1985. He was medically examined before joining the said service. During service, said Ranjit Singh developed Tuberculosis and medical certificate dated 8.8.1989 was issued by the Medical Authorities, Civil Hospital, Bhatinda as Annexure P-1. Pursuant to the said medical opinion, Ranjit Singh was relieved with effect from 22.12.1989. He requested for disability pension and was subjected to examination by a Board which recorded on 9.3.1995 that Ranjit Singh was permanently incapacitated with 100% disability. Despite claim for disability pension, he was not granted any relief. His claim for disability pension was declined on the ground that Ranjit Singh has not completed 10 years of qualifying service. The petitioner approached Central Administrative Tribunal, Chandigarh Bench and the said Tribunal vide judgment dated 14.5.2004 declined the claim of the petitioner on the same ground that Ranjit Singh had not completed 10 years of qualifying service. It was held that Rules 38 and 49 of Pension Rules have to be read together and on that count, neither invalid pension nor the family pension to the petitioner was allowed to the petitioner. The petitioner has challenged the said order of Central Administrative Tribunal in the present writ petition.
(3.) To properly appreciate the facts of the case, Rules 38 and 49 of the Government of India's Orders, Central Civil Services Rules are re-produced as under :-