COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 1959/2001 Prem Ram …….Petitioner Versus Union of India & Others …….Respondents Sri C.D. Bahuguna, learned Counsel for the petitioner. Smt. Anjali Bhargava, learned Central Govt. Counsel for the respondents. 1st May, 2008 Hon’ble P.C. Verma, J. Son of the petitioner Roshan Ram alias Roshan Lal was recruited as a Constable in Central Reserve Police Force (for short, CRPF) on 28.9.1995 and was sent for basic training. During the training, he suffered injuries in his knee and thereafter on diagnosis it was found that the son of the petitioner was affected by bone cancer and then his right leg was amputated. Thereafter cancer aggravated and the son of the petitioner could not survive. Before his death, the services of Roshan Ram were terminated w.e.f. 3.11.1997 after assessing his suitability/fitness for further service. Son of the petitioner died thereafter. 2. By means of this writ petition, the petitioner claims the disability pension as well as family pension as per Rule 11 and 12 of the Central Civil Services (Extraordinary Pension) Rules. Facts have not been disputed in the counter affidavit but the stand taken in the counter affidavit is that the son of the petitioner became disabled before coming into active service as his 2 right leg was amputated when he was in training. Therefore, he was not entitled to the disability pension. 3. In my opinion, stand taken in the counter affidavit is misconceived. It was an in-service training and, therefore, the son of the petitioner became disabled while he was in service. Therefore, the disability occurred in service. As such, the petitioner is entitled for disability pension and family pension. Therefore, respondents are directed to pay the disability as well as family pension and arrears thereof, if payable under law. Writ petition is allowed accordingly. No order as to costs. (P.C. Verma, J.) Prabodh