RAM NARESH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Union of India through video conference.

(2.) The present writ petition has been filed for the following reliefs as formulated by the petitioner-

(3.) The short facts of the case according to the petitioner are that he was appointed as G.D. constable at Balurghat, West Bengal on 16/3/1970, but soon thereafter he became ill and was referred to hospital on 28/12/1973. He remained admitted in the hospital until he was discharged on 16/6/1974. A sanction order dtd. 20/3/1978 was issued showing the date of invalidation as 10/10/1977 and sanction was accorded to grant of Rs.50.00 per month as financial assistance out of B.S.F. Contributory Ben Fund with effect from 1/11/1977 for the period of 10 years. By the impugned order dtd. 12/8/2015, it was informed that the petitioner was medically boarded out on 16/3/1978, but disability pension could not released owing to non-completion of 10 years of service, and the matter was in process of higher Headquarters for seeking clarification/decision for entitlement. By the further impugned letter dtd. 13/2/2016, it was informed that the petitioner was not eligible for grant of disability pension as requirement under Rule 3A of CCS(EOP) Rules, 1939 was not satisfied as the disability was neither attributable to government service nor aggravated due to the service.