1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4243/03 Roshan Lal vs. UOI & Ors. Date of order : 17/1/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vijay Choudhary for the petitioner. Shri Ganesh Sharma for the respondent. ****** This writ petition was filed in the year 2003 by the petitioner who was serving as Constable with Boarder Security Force and was discharged on 15.7.1989, with the prayer that the respondents be directed to grant him pension from the date of his retirement or in the alternative grant him disability pension because he was discharged upon being declared medically unfit. The petitioner was appointed on the post of Constable on 20.3.1988. While undergoing training before Company Commander on 13.1.1988, he suddenly fell down and sustained fracture of lower 1/3rd Right Femur Bone. He was treated in B.S.F. Hospital, Jodhpur and thereafter referred to Mahatama Gandhi Hospital, Jodhpur where he was operated upon for the said injury. The Medical Board constituted by the respondents 2 ascertained the disability of the petitioner to be 20%. He was served with the notice on 23.2.1989 and 16.5.1989 in which he was asked to show cause as to why he should not be removed from the service under the B.S.F. Rules. The petitioner submitted reply to the said notice. However in view of the recommendation of the Review Medical Board the petitioner was retired on the medical ground with effect from 15.7.1989. The learned counsel for the petitioner has argued that even if the petitioner did not qualify for regular pension, he certainly was entitled to get disability pension because admittedly petitioner sustained injury while serving the respondents and consequential disability was assessed to be 20%. Such disability pension was payable to the petitioner even according to their rules. The respondents in reply to the writ petition have contended that the petitioner was not entitled to regular pension because he did not complete the requisite qualifying period. The petitioner was brought before a duly constituted board as per the B.S.F. 3 rules which opined that he was suffering from closed communited fracture shaft femur (right) lower one third (operated) and was considered unfit for further service in B.S.F. The opinion of the Medical Board was made known to the petitioner. The proceedings of the Medical Board was approved by the DIG, BSF on 9.3.1989. The petitioner was duly served with notice and he was ultimately discharged from service. The petitioner was paid terminal gratuity. In para 4 of the reply, it is submitted that the legal notice of the petitioner claiming disability pension is under consideration of the Ministry of Home Affairs. Reply to the writ petition was filed by the petitioner way back on 19.2.2004 and no further relief thereafter has been given to the petitioner on the kind of disability suffered by him. I therefore deem it appropriate to dispose of the writ petition with direction to the respondents to consider and decide the claim of the petitioner for grant of disability pension in accordance with relevant rules within a period of three months from the date copy of 4 this judgement is produced before them. If under the rules, the petitioner who has sustained 20% disability and whose disability clearly occurred owing to service conditions as aforenoticed, the respondents shall consider granting him disability pension and convey the order thereabout to him within the aforesaid period. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/