CW 7942/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7942/06 Sunil Kumar Versus Secretary, M.H.A. Union of India & Ors. DATE OF ORDER : 28/01/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. M.R. Yadav, for petitioner Mr. Kunal Rawat, for respondents *** Instant petition has been filed by petitioner who was given compassionate appointment and his services were terminated vide Ann.J dt.19th December, 2005 and appeal preferred by him was also rejected vide Ann.W dt.18th April, 2006. Petitioner's father while in service of the respondents, died due to heart failure on 22nd September, 2003. Petitioner was enrolled on compassionate ground as GD/CT on 30th August, 2004 against the vacancies of CTC-I and allotted GC CRPF, Neemuch and dispatched to RTC-I for basic training. While he was undergoing third week of basic training, he was injured during the period of training which made him medically unfit to continue as Constable on which he was appointed on compassionate basis and accordingly he was served with the notice of termination on 19th November, 2005 and finally his name was struck off vide Ann.J dt.19th December, 2005. CW 7942/06 [2] During pendency of the writ petition since it was a case of compassionate appointment and the petitioner got injured while he was on training, this court vide its order dt.11th September, 2008 directed the respondents to consider case of the petitioner against civil post taking note of his academic qualification and affidavit may be filed in this regard. In pursuance of order of this court, respondents have filed affidavit in which it has been deposed that every employee is to serve the department as Combatant employee. As such, looking to the nature of injury suffered by the petitioner he cannot be considered for civil post in their department. Counsel for petitioner submits that as he was injured while in service during training which has to be treated to be as on duty for the purpose of FR 9(6)(b)(i) in terms of R.26(d) of Central Reserve Police Force Rules, 1955 which makes petitioner entitled for pension in terms of R.42 of the Rules, 1955. Respondents have filed reply to the writ petition wherein it has been averred that since petitioner got injured while he was on basic training and became medically unfit to discharge his duties, as such, his services were rightly CW 7942/06 [3] terminated looking to his medical unfitness. Petitioner even cannot be considered on civil post which has been clarified by them by filing additional affidavit. So far as claim with regard to pension is concerned, counsel submits that those who were appointed on or before 31st December, 2003 are only entitled for extraordinary family pension under the relevant Rules. I have heard counsel for parties and with their assistance examined the material on record. This has not been disputed that while the petitioner was on training, he got injured and under R.26 of the Rules, 1955 period of training is treated as on duty and once the petitioner while on duty got injured and became incapacitated to discharge duties on account of his medical unfitness; in terms of R.42 of the Rules, one became entitled for pension and gratuity for service in the Force in accordance with relevant Rules. Rule 42 of the Rules, 1955, which is relevant for the present purpose, is reproduced as under: “42. Pension.-(a) Pensions and gratuities for service in the Force shall be regulated according to the provisions contained in Chapter XV to XXI and XLVII CW 7942/06 [4] and XLVIII of the Civil Service Regulation as may be amended from time to time and the new Pension Rules promulgated in the Government of India in the Ministry Finance Memorandum No.F.3(1) E(Spl)/47, dated the 17th April, 1950 as may be amended from time to time.” Once the petitioner got injured while on duty, in opinion of this court, certainly in terms of R.42 of Rules, 1955, petitioner became entitled for pension and gratuity for service which shall be regulated in accordance with rules referred to and amended from time to time. As regards submission made by counsel for respondents that extraordinary family pension will be applicable to only those who were appointed on or before 31st December, 2003 is of no substance for the reason that petitioner is not claiming extraordinary family pension and at the same time R.52 of Rules, 1955 makes entitled for family pension or gratuity in terms of Central Civil Services [Extraordinary Pension] Rules, 1939. Accordingly, writ petition stands allowed. Respondents are directed to consider case of the petitioner for pension and gratuity in terms of R.42 of Rules, 1955 and after its due computation, what is entitled to under law be paid within three months. No costs. [AJAY RASTOGI], J. FRBOHRA7942CW06 28-1.doc