BABU RAJ PASWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was Constable general duty in the CRPF. He has been derostered and asked to proceed on invalidation pension having been visited with permanent physical disability. This has brought the petitioner to this Court. Learned Counsel for the petitioner relies on the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the decision of Apex Court in that regard being the case of Kunal Singh v. Union of India and Anr. : (2003) 4 Supreme Court Cases 524 which dealt with service of Constable in Special Service Bureau who was similarly sought to be derostered on invalidation pension under the same very Rules as is being done in the case of petitioner.

(2.) HEARD the parties. Counter affidavit has been filed. With consent of parties, the writ petition is being disposed of at the stage of admission itself.

(3.) IT would, thus, be seen that petitioner has been put on invalidation pension in terms of Rule 38 of CCS (Pension) Rules, 1972. Learned Counsel for the petitioner relies on Section 47 of the said Act which is quoted hereunder: