DEVI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has approached this Court by way of the present writ petition claiming therein the following substantive reliefs: -

(2.) TO sanction Constant Attendance Allowance @ Rs. 3000/ - p.m. w.e.f. 26 -09 -93.

(3.) ACCORDING to the petitioner, since no reply was received from the respondents, the petitioner considered his case for disability pension to have been rejected on the ground that the Extraordinary Pension Rules are applicable to the persons from the Civil Estimates and that the petitioner is not covered under the same as his salary was being paid out of the Consolidated Funds of the State. It is claimed that the stand of the respondents that the petitioner is not entitled to disability pension on the aforesaid grounds is not tenable because under service jurisprudence "Civil Estimates" is understood in contradistinction to "Defence Estimates" and not in contradistinction to the "Consolidated Funds" which has been made by the respondents as the basis for rejection of the case of the petitioner for sanction of the disability pension, despite the petitioner having sustained injuries during the course of his employment whereby he has been rendered paraplegic and his permanent disability on account of the injuries suffered by him had been adjudged as 85% by the Medical Board. It was further averred that there was no improvement in the condition of the petitioner over the period of 18 years and he is totally confined to bed and is being looked after by his wife and other family members for all his basic needs and bodily functions.