S.B. CIVIL WRIT PETITION NO.1953/2005 [BAJRANG SINGH VS. U.O.I. & ORS.] DATE OF ORDER : 14.07.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.M.A.Siddiqui for the petitioner Mr.Ravi Bhansali for the respondent. ***** Heard learned counsel for the petitioner. The case of the petitioner for grant of disability pension is still pending with the respondents which is evident from paras No.3 and 4 of reply which are as follows:- “3. That before joining 129 Bn BSF, his previous Bn i.e. 37 Bn BSF had initiated a disability compensation claim in respect of petitioner to Pay and Accounts Division, New Delhi vide their bill No.32 dated 6.5.2000 for Rs.1,07,074/- but the same was returned unprocessed vide PAD BSF letter No. PAD/29-61061/PN-III/99-2000 dated 27.06.2000. 4. That the compensation was again re-submitted to PAD vide unit letter No.60/129/Compn/2001/2369 dated 28.02.2001 duly rectifying the earlier observations but was held pending with PAD for want of service retention certificate and remarks of DIG and IG on COI proceedings. Since the disability percentage of the petitioner was higher i.e. 70% as per medical board, hence service retention certificate was not issued by competent authority because he was unable to perform general duties.” The respondents are directed to complete all formalities as required under the Law for grant of disability pension because as per Para 4 of the reply it is admitted that since the disability of the petitioner is higher than 70% as per the Medical Board hence service rentention certificate was not issued by Competent Authority because he was unable to perform general duties, therefore, respondents are under obligation to consider the petitioner's case for grant of disability pension if any procedural lapses are on the part of the respondents. Then, it is required to be rectified by the respondents therefore, it is expected from the respondents that for finalising the disability pension will consider the certificate of medical board and will finalise the matter of disability pension in accordance with law. In this view of the matter the respondents are directed to finalise the claim of the petitioner for disability pension in accordance with law so also as per their admission in reply to Paras No. 3 and 4 of the petition that petitioner was suffering from more than 70% disability. The said claim of the petitioner shall be finalise within a period of three months from the date of receipt of this order. With these directions, the petition stands disposed of. A copy of this order be sent to respondent for its compliance. [GOPAL KRISHAN VYAS],J. MAMTA