RAM BRIND PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In the caption writ application, the petitioner has inter alia prayed for direction commanding upon respondents for payment of compensation amount on the ground of disability sustained during course of service alongwith penal interest from the due date, till its actual payment.

(2.) The factual matrix as has been delineated in the writ application, in a nutshell is that petitioner joined Border Security Force as Lance Naik. While on duty on 20th March, 2003 because of abnormal behaviour, the petitioner was referred to MDM Hospital, Jodhpur where he was treated in the Psychiatric Department and was diagnosed for as a case of Manic Depressive Psychosis hereinafter referred to in short as MDP. Thereafter, the case of the petitioner was referred to Medical Board and the Medical Board assessed the disability of 55% vide medical proceeding in Annexure-1 to the writ application. Because of his disability, the petitioner has been declared unfit for further service and he was given compulsory retirement on the ground of medical disability. The petitioner submitted series of representation for payment of compensation and one of the representation has been annexed as Annexure-2 to the writ application. Being aggrieved by the inaction/indifference of the respondents for non-payment of compensation, the petitioner has been constrained to knock the doors of this Court for redressal of his grievances under Article 226 of the Constitution of India.

(3.) Learned counsel for the petitioner has strenuously urged that the respondent authorities are duty bound to pay the amount of disability compensation on the ground that the petitioner has sustained disability while in service and as per Medical Board, the extent of disability is 55%. Inspite of such disability there is stony silence on the part of the respondents in not paying the compensation to the petitioner, though the petitioner is suffering from SCHIZO Affective Disorder (D). Learned counsel further submits that the petitioner was subjected to discrimination since similarly situated constables working in Border Security Force have been paid compensation and petitioner without any rhyme and reason inspite of clear cut disability report, has been deprived of getting the same and therefore, the action of the respondents is in breach of Article 14 of the Constitution of India. Learned counsel for the petitioner during course of hearing has referred to decision rendered in W.P.(S) No.6315 of 2010 in the case of Oshihar Prasad Vs. The Union of India & Others, order dated 30.08/2017.