-1- Civil Writ Petition No.8970 of 2006. IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: April 07,2008. Ex- Inspector Kamaljit Singh ... Petitioner VERSUS Union of India and others ... Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA. HON'BLE MR.JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr. Rajeev Anand, Advocate, for the petitioner. Mr. S.K. Sharma, Advocate, for the respondents. -.- MOHINDER PAL, J. The petitioner was enrolled in the Border Security Force (hereinafter referred to as `the B.S.F') on October 07, 1991 as Sub Inspector / Platoon Commander. Thereafter, he was promoted to the rank of Inspector. After completion of basic -2- Civil Writ Petition No.8970 of 2006. training, he served in different units of the B.S.F in various locations. In 2001, he was diagnosed as a case of severe depression with psychotic features. He was undergoing treatment from a Psychiatrist at Civil Hospital, Ferozepore (Punjab). Meanwhile his Unit moved to Kashmir Valley and the petitioner also went to Kashmir with his Unit. On January 02, 2002, a Medical Board was constituted at Station Headquarters, B.S.F, Kupwara to examine the petitioner and he was diagnosed to be a case of severe depression with psychotic features and he was placed under temporary low medical category for one year. On May 28, 2003, while the petitioner was posted in 183 Battalion, B.S.F, a Medical Board was again constituted at Station Headquarters, B.S.F, Barmer to examine the petitioner. The Medical Board examined the petitioner and again diagnosed him as a case of severe depression with psychosis and placed him in temporary low category for a period of 48 weeks. Later on, he was posted to 81 Battalion, B.S.F. On November 19, 2004, the petitioner again appeared before the Medical Board, Station Headquarters, Sri Ganganagar and was placed in temporary low medical category for a duration of 24 weeks. On June 29, 2005, he again appeared before the Medical Board which was held at Station Headquarters, B.S.F, Sri Ganganagar. The Medical Board assessed disability of the petitioner at 50 % and found him unfit for further service. He was placed under permanent low medical category as S5H1A1P1E1. Findings of the Medical Board of Officers in respect of the petitioner were approved by the -3- Civil Writ Petition No.8970 of 2006. Inspector General of B.S.F, Rajasthan Frontier Jodhpur, being the competent authority. The petitioner served the B.S.F for fourteen years and twenty four days. He was invalidated out from the service of B.S.F with invalid pension with effect from October 31, 2005. The petitioner submitted an appeal to the Director General of B.S.F requesting for conducting of Review Medical Board and releasing him disability pension. The same was rejected on May 02, 2006. Hence this writ petition. In the written statement filed by the respondents, it has been admitted that the Medical Board had opined that disability of the petitioner was aggravated by the stress and strain of service conditions. However, it has been pleaded that the petitioner was entitled only for invalid pension with other benefits admissible under the relevant provisions of the Central Civil Services (Pension) Rules, 1972. It has been further pleaded that the Medical Board, after carrying out the examinations of the petitioner, found him suffering from Severe depression with Psychotic features and awarded him permanent Low Medical Category `S5H1A1P1E1' with 50 % disability and recommended that he was permanently unfit for further service. He was given admissible pensionary benefits. We have heard Mr. Rajeev Anand, Advocate, appearing for the petitioner and Mr. S.K. Sharma, Advocate, appearing for the respondents, and have perused the records. Learned counsel for the petitioner has referred to -4- Civil Writ Petition No.8970 of 2006. Rule 3-A () (a) of the Central Civil Services (Extraordinary Pension) Rules and contended that the case of the petitioner for disability pension is squarely covered under its provisions. This Rule reads as under:- “ 3-A (1) (a) Disablement shall be accepted as due to Government service, provided that it is certified that it is due to wound, injury or disease which, (i) is attributable to Government service,or (ii) existed before or arose during Government service and has been and remains aggravated thereby.” A perusal of the above - quoted Rule reveals that case of the petitioner for disability pension is squarely covered under clause (ii) of Rule 3-A (1)(a) as the respondents in their written statement have admitted that “it is true that Medical Board has opined that disability of the petitioner is aggravated by the stress and strain of service conditions”. Therefore, the action of the respondents in declining disability pension to the petitioner for the disease which arose during B.S.F service and had been and remained aggravated thereby cannot be upheld. Accordingly, the orders passed by the respondents in this regard are set aside. -5- Civil Writ Petition No.8970 of 2006. For the aforesaid reasons, this writ petition is allowed and the disability of the petitioner is held at 50% on account of the disease suffered by him during service in B.S.F. In view of the letter dated February 03, 2000 issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Pension & Pensioners' Welfare, New Delhi, whereby in case of percentage of disability assessed at between 50 % to 75 %, the percentage for computation of disability pension is to be reckoned as 75 %, the petitioner is held entitled to disability pension at the rate of 75 %. This pension, with all consequential benefits, will be paid to him from the date of his retirement. The respondents shall pay all the arrears to the petitioner within two months from the date of receipt of a copy of this order, failing which the petitioner will be entitled to interest at the rate of nine per cent annum. ( HEMANT GUPTA ) ( MOHINDER PAL ) JUDGE JUDGE April 07, 2008. ak