BHISHAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER , who was employed as constable with Indo Tibetan Border Police (ITBP), sustained an injury in the left eye, in the year 1971, while in service. His Medical Examination was conducted and he was assigned non -combatant duty, after it was noticed that there was partial loss of vision of that eye. In 1983, again medical check up was conducted and it was found that vision had further reduced and the Petitioner was placed in category BEE(P), but still he was found fit to continue in service against non -combatant post. Again, in 1996, a medical check up was conducted. Though no further deterioration was noticed, it was sought to discharge the Petitioner and release him on medical grounds. He was granted service pension, as also extra ordinary disability pension. This was done in May 1997.

(2.) PETITIONER had requested the Respondents, his employers, to allow him to continue in service till 3.5.1998, when he was to have completed 28 years of service, because in that situation, on addition of 5 years qualifying service, by virtue of Rule 48B of the CCS (Pension) Rules, 1972, he was to get full pension, which was permissible on completion of 33 years of service, during those days. His request was turned down. He filed a writ petition in this Court. That writ petition was disposed of vide order dated 28.9.2006 and following directions were issued:

(3.) IN compliance with the aforesaid order of this Court, Petitioner was treated to have continued in service up to 3.5.1998 and was retired with effect from 4.5.1998 and service pension was granted.