H P S E B Vs. BAZAR SINGH

JUDGEMENT

(1.) This writ petition is directed against the order of the erstwhile H.P.State Administrative Tribunal directing the petitioner-H.P.State Electricity Board (here-in-after referred to as the Board) to give invalid/disability pension to the petitioner w.e.f.1.6.1994.

(2.) Briefly stated the facts of the case are that the respondent was engaged as Beldar/T-mate on daily wage basis in construction Sub Division, HPSEB, Jassur, District Kangra on 17.3.1980. He was regularized by the respondent Board on 12.4.1989. During the year 1993-94 the respondent did not keep good health and lost his eye sight. He was directed to appear before the Chief Medical Officer, Kangra, who was to determine whether the respondent was fit to remain in employment or had become permanently incapacitated from service. The Medical Board came to the conclusion and certified that the respondent had become completely and permanently incapacitated for service of any kind in the department due to his physical infirmity i.e. bilateral blindness. Keeping in view this certificate and the physical infirmity of the respondent the petitioner-Board issued a letter on 19.5.1994 retiring the applicant from service on medical grounds w.e.f. 15.4.1994.

(3.) Thereafter respondent submitted various representations to the Board that he be granted invalid/disability pension but nothing was done in the matter. He then filed the original application before the Tribunal claiming that such invalid/disability pension be granted in his favour from the date of his retirement. The petitioner-Board contested the original application mainly on one short ground that the qualifying service of the applicant was less than 10 years at the time of the retirement on medical grounds and as such, he is not entitled for pension. The learned Tribunal held that in terms of Rule 49(2)(c) and Rule 54(2) of the CCS (Pension) Rules since family pension was admissible after rendering one year of service the petitioner could not be denied invalid or disability pension. The Tribunal also said that this was a fit case where power of relaxation under Rule 88 of the CCS (Pension) Rules should be invoked and if there was any short fall in the service period the same should be relaxed. Aggrieved by this order the Board has filed the present writ petition.