Rajasthan High Court - Jodhpur
Kharta Ram vs Union Of India And Ors ... on 7 February, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:7885]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3868/1994
Kharta Ram S/o Shri Bhanwara Ram, Constable No.850130386,
Resident of Villatgge & Post Office Dasani via Setarawa, Tehsil
Shergarh, District Jodhpur
----Petitioner
Versus
1. Union of India through the Ministry of Home Affairs,
Secretariat, New Delhi.
2. The Inspector General of Police, Central Reserve Police Force,
Northern Sector, R.K. Puram, New Delhi.
----Respondent
For Petitioner(s) : Mr. SK Malik
For Respondent(s) : Mr. Subhash Chowdhary
HON'BLE DR. JUSTICE NUPUR BHATI
Order 07/02/2025
1. The present writ petition has been filed with the following prayer:-
"(a) The order dated the 23rd May 94 i.e. Ex.-1 be quashed.
(b) The Respondents be directed to reinstate the Petitioner in service with continuity of service with back full wages. Without prejudice to the above submissions.
(c) The respondents be directed to rehabilited the petitioner in other job, or
(d) The Respondents be directed to grant in-validated pension."
2. Brief facts of the case are that the petitioner was appointed as Constable on 26th June 1985 and in vaildated out from service with effect from 23rd May 1994. The petitioner is examined by the Medical Board of G.C.I. Hospital CRPF, Ajmer and found that the vision of right eye and left eye is defective. But the Board did not (Downloaded on 10/02/2025 at 10:47:55 PM) [2025:RJ-JD:7885] (2 of 5) [CW-3868/1994] give opinion to in-vaildated out from service on this ground. The respondent No.3 vide his letter No. M-III-1/93-EC-I dated 17 th December 1993 requested the D.I.G. of CRPF that the petitioner is requested for his meeting with Inspector General of Police for rehabilitation in other job. Thereafter, the respondent No.3 referred the petitioner to AIIMS, New Delhi for op-thalmic services and for examination and medical treatment. According to the vision test held on 25th March 93, the vision of the petitioner was found right eye 6/18 and left eye 6/6 and adviced the respondent No.3 to sent the petitioner back and asked for checking of eyes on 3.12.93. But the respondent No.3 did not sent the petitioner for medical rechecking and in-validated out from service the petitioner vide order dated 23rd May, 1994 (Ex.-1). Thereafter, the D.I.G. CRPF, Ajmer wrote letter No.P-III 15/93 EC-1 dated 7 th January, 1994 to the Senior Medical Officer, GC-1, CRPF Hospital, Ajmer to constitute a formal medical board to examine medical fitness of constrble Kharta Ram for examination of his case for rehabilitation by the Department Re-habilitation Board.
3. Learned counsel for the petitioner submits that the petitioner has served the respondents about nine years and has not completed the ten years of requisite service for the purpose of availing benefit of pension. He further submits that the Rule No.38 of Central Civil Services (Pension) Rules, 1972 has been amended subsequently on account of which the service of ten years is not required in order to avail the benefit of pension. He also submits that the Hon'ble Apex Court in the case of Union of India & Ors. Vs. P.A. Thomas (SLP (C) 20339/2011) decided on 14.03.2019 has (Downloaded on 10/02/2025 at 10:47:55 PM) [2025:RJ-JD:7885] (3 of 5) [CW-3868/1994] held that on account of amendment in the Rule 38 of Central Civil Service (Pension) Rules, 1972, service of ten years is not required in order to avail the benefit of pension and in the personnal have been retired on account of invalidation and also have not rendered the service of ten years are also eligible for pension to avail the benefit of pension.
4. Learned counsel for the respondents submits that the benefit of invalidated pension was not extended to the petitioner solely on the ground that the petitioner has not complied the service of ten years however, not in a position to refute the fact that the Hon'ble Apex Court in the case of Union of India & Ors. Vs. P.A. Thomas has allowed the SLP while allowing the petition who have not completed the ten years to avail the benefit of invalidated pension.
5. Heard learned counsel for the parties.
6. The Hon'ble Apex Court has adjudicated the issue that the personnals who are invalidated out of service and have not rendered service of ten years are also eligible to avail the benefit of invalidated pension. The case of the petitioner is similarly situated to the case P.A. Thomas (supra). The Hon'ble Supreme Court in the case of P.A. Thomas (supra) has held as under:-
"Rules 38 and 49 of the Central Civil Services (Pension) Rules, 1972 have been amended on 4.1.2019 in the following manner:-
"2. In the Central Civil Services (Pension) Rules, 1972 -
(i) in rule 38, for sub-rule (1) and sub-rule (2), the following sub-rules shall respectively be substituted, namely:- "(1) The case of a Government servant acquiring a disability, where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, shall be governed by the provisions of the said section:
Provided that such employee shall produce a disability certificate from the competent authority as prescribed under the Rights of Persons with Disabilities Rules, 2017.(Downloaded on 10/02/2025 at 10:47:55 PM)
[2025:RJ-JD:7885] (4 of 5) [CW-3868/1994] (2) If a Government servant, in a case where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are not applicable, retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service, he may be granted invalid pension in accordance with rule 49:
Provided that a Government servant, who retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service of ten years, may also be granted invalid pension in accordance with sub-rule (2) of rule 49 subject to the conditions that the Government servant-
(a) has been examined by the appropriate medical authority either before his appointment or after his appointment to the Government service and declared fit by such medical authority for Government service; and
(b) fulfills all other conditions mentioned in this rule for grant of invalid pension";
(ii) in rule 49, for sub-rule (2), the following sub-rule shall be substituted, namely: - "(2) Subject to the proviso to sub-rule (2) of rule 38, in the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than ten years, the amount of pension shall be calculated at fifty per cent of emoluments or average emoluments, whichever is more beneficial to him, subject to a minimum of nine thousand rupees per mensem and maximum of one lakh twenty five thousand rupees per mensem.""
The said amendments having been placed before the Court, the Court was of the view that further clarification was required which has now been made by a clarificatory Office Memorandum bearing No. 21/01/2016- P&PW(F) dated 12.2.2019 in the following terms:-
"2. In this connection, it is clarified that the condition of qualifying service of ten years for grant of pension under Rule 49(2) of the CCS (Pension) Rules, 1972 shall not be applicable in the case of a Government servant retiring on Invalid Pension on account of any bodily or mental infirmity, under Rule 38. Accordingly, Invalid Pension at the rate of 50% of emoluments or average emoluments, whichever is more beneficial, subject to a minimum of nine thousand rupees per mensem and maximum of one lakh twenty five thousand rupees per mensem, shall be payable to a Government servant who retires under Rule 38 of CCS (Pension) Rules, 1972 even before completing a qualifying service of ten years."
Having perused the aforesaid clarification, we are of the view that the matter now stands adequately covered and would be governed by provisions of the amended Rules 38 and 49 of the (Downloaded on 10/02/2025 at 10:47:55 PM) [2025:RJ-JD:7885] (5 of 5) [CW-3868/1994] Central Civil Services (Pension) Rules, 1972, which would be applied to all eligible cases.
The special leave petition consequently shall stand disposed of in the above terms."
7. The petitioner was appointed and joined the service on 26.06.1985 on the post of Constable & was invalidated on 23.05.1994 on account of completely & permanently incapacitated for further service on medical condition. The reason for not extending the benefit of invalid pension is that the petitioner did not complete the minimum 10 years of service as per Rules of 1972, is not sustainable in view order passed by Hon'ble Apex Court.
8. Accordingly, the writ petition is allowed in the same terms as in the case of P.A. Thomas (supra).
9. The respondents are directed to consider the case of the petitioner for invalid pension. The invalid pension shall be released within a period of two month from the date when he was eligible to receive it.
(DR. NUPUR BHATI),J 81-amit/-
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