BHISHAM SINGH RAM GOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of instant appeal, the appellant has assailed the judgment dtd. 17/12/2018 passed by Hon'ble Single Judge in case CWP No. 1643 of 2016 titled as Bhisham Singh v. Union of India.

(2.) The facts of the case reveal weary tale of a soldier who instead of fighting on the battlefield had to fight in the Courts. His fight against employer, for his lawful dues, started in the year 2000 and after 21 years, the battle still continues.

(3.) Appellant was a constable in Indo-Tibetan Police Force. He was recruited on 4/5/1970. In 1971 appellant suffered an injury to his left eye. Though, the injury did not cause any immediate damage, but the appellant suffered loss of vision in 1980. Despite treatment, he could not regain lost vision. It is not denied that the loss of vision suffered by the appellant was caused due to risk of service and the injury was sustained by him while discharging Government duty. Appellant was again medically examined on 6/12/1983 and was found to be physically disabled under category BEE (P). He was declared unfit for duties requiring binocular vision and was asked to discharge non-combatant general duty. On 27/8/1996, appellant was again examined by Medical Board and no further deterioration in medical condition of the appellant was reported. The Medical Board, however, opined that appellant was not fit for the post of Constable, even in general duty cadre. Appellant, apprehending his removal from service, applied for extension of one year in service and on completion of extended period, sought voluntary retirement w.e.f. 3/5/1998, by which date, he was going to complete 28 years of service so that, by addition of 5 years qualifying service, he could get full pension. His request was declined and instead was served with discharge notice dtd. 3/4/1997. Appellant submitted representation against proposed discharge and requested for fresh Medical Board, but nothing worked and he was finally discharged on 15/5/1997. Appellant was allowed invalid pension under Rules 38 of CCS (Pension Rules). He was granted service pension as also Extraordinary Disability Pension.