CWP NO.7515 OF 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.7515 of 2007 DATE OF DECISION: 27.1.2009 Hardeep Singh ...Petitioner VERSUS State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Amit Dhawan &Mr. Ashok Khichi, Advocates for the petitioner Ms.Charu Tuli, Sr.DAG, Punjab Permod Kohli, J. (Oral) The petitioner was appointed as Constable in the year 1985 by the Inspector General of Prisons, Punjab. Thereafter the petitioner was posted as Warden in District Jail, Sangrur on 1.4.1987. It is alleged that whilst posted as Warden in District Jail, Sangrur, the terrorists attacked the Jail on 14.10.1987, to secure the release of other terrorists, confined in the jail. The petitioner alongwith other concerned officials deputed in the Jail rendered the attack futile. The petitioner was awarded honorarium by the State CWP NO.7515 OF 2007 2 Government for the act of bravery. In the year 1991, the petitioner was transferred from District Jail, Sangrur to District Jail, Barnala. It is alleged that while serving as Warden in District Jail, Barnala, the petitioner was attacked by the militants at Railway Station Bhanguphool Mandi, Bathinda. He remained admitted at Civil Hospital, Bathinda from 29.12.1991 to 16.3.1992. Right leg (below knee) and left arm (below elbow) of the petitioner were amputated. The petitioner suffered 100% permanent disability, as is evident from the certificate dated 12.11.1992 (Annexure P- 5). The petitioner approached the respondents for preparation of pension case. The petitioner was asked to report to the Office of Superintendent, Headquarter, Bathinda alongwith document for preparation of the case vide letter dated 9.7.1993. The petitioner was also subjected to the Medical Board. The Medical Board gave its opinion vide its letter dated 3.12.1993 which reads as under:- “Sh.Hardeep Singh s/o sh. Jaila Singh whose signature is given below appeared in this office 3.12.93 for his medical examination, before the Standing Medical Board. According to the report of the members of the Board, “He is having Traumatic Amputation of Right Leg (below knee) and left upper limb below elbow. He is not fit to work as Jail Warder. However, he is fit for light duty work.” It seems that the petitioner filed a suit seeking appointment of his wife instead of invalid pension. The said suit was dismissed by the court below and the appeal preferred by the petitioner also resulted in dismissal. The petitioner accordingly made a request vide his communication dated CWP NO.7515 OF 2007 3 1.2.2000 and 12.3.2001 for grant of invalid pension. Inspite of repeated representations, no action was taken by the respondents. The petitioner has accordingly approached this Court seeking direction for grant of invalid pension. The claim of the petitioner is, however, resisted by the respondents on the ground that the petitioner has concocted a story of militant attack whereas he never reported to the Railway Police Station or any other Police Station regarding incident of attack by the terrorists. The respondents, however, admitted the injuries sustained by the petitioner and the permanent 100% disability. The invalid pension is permissible under Rule 5.11 of the Punjab Civil Services Rules Vol.II which reads as under:- “5.11. An invalid pension is awarded, on his retirement from the Public Service, to a Government employee who by bodily or mental infirmity is permanently incapacitated for the public service, or for the particular branch of it to which he belongs.” From the perusal of the aforesaid rule, it is apparent that invalid pension is payable whenever a government servant is incapacitated permanently on account of bodily or mental infirmity during the service. There is no stipulation or condition that such bodily infirmity should be on account of terrorist attack or any such condition. A mere bodily or mental incapacity for whatever reason is sufficient to make a government servant eligible for invalid pension under Rule 5.11. This petition accordingly succeeds. The respondents are directed to settle the claim of the petitioner and grant invalid pension in accordance with rules within a period of two months of the receipt of a certified copy of this order. Needless to say the CWP NO.7515 OF 2007 4 petitioner shall be entitled to the interest at the rate of 6% per annum after the expiry of three months period from the date of retirement till the amount is actually paid. (PERMOD KOHLI) JUDGE 27.1.2009 MFK Note:Whether to be reported or not:YES