RAJ KUMAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner was serving as 'Lance Naik' in Border Security Force (B.S.F). He was dismissed from service on 29/2/2000 on the ground of desertion. The desertion is alleged to have occurred on 12/6/1997. The petitioner in fact suffered an accident on the same date at Satwari, Jammu and remained in coma for some time and also remained hospitalized from 12/6/1997 to 25/7/1997 at Government Medical College, Jammu.

(2.) The order of dismissal came to be challenged by the petitioner in SWP No.2594/2002, which came to be dismissed vide judgment and order dtd. 28/3/2016. The LPA preferred against the said judgment, was also disposed of vide order dtd. 10/7/2017 and the order of dismissal upheld. It appears that during pendency of the LPA, a direction was issued to the respondents to consider the case of the petitioner for grant of disability pension. The petitioner subsequently also preferred independently an application for grant of Compassionate Allowance in terms of Rule 41 of the CCS (Pension) Rules. Both these applications have been rejected by the concerned officer.

(3.) Insofar as the prayer for grant of disability pension is concerned, the same was rejected vide order dtd. 11/5/2017 primarily on the ground that the disability pension was not payable in view of the fact that the injury received by the petitioner was not attributable to Government bonafide duty.