while on duty. He was invalidated from service after
he was declared unfit for duty. Respondent request for invalid pension was
rejected on the ground ... invalidity was 100% and the condition of ten years
of qualifying service could not invoked so as to deny the respondent invalid
pension
judicial service, the appointment in
the CAT is on tenure basis. The pension relating to such post is clearly
governed by Rule ... Rules.
Consequently, the provisions relating to pensioners retired on invalid
pension is not applicable. The Rules being unambiguous cannot be construed
to confer better pensionary
person after cut-off date would not be entitled to pension
despite his brilliant service record, has not been explained. Can his
position be worse ... Scheme which provides for Pension on
voluntary retirement, Invalid Pension and Compassionate Allowance
under Chapter V and held:
"7. Bare reading of the aforesaid
pension/family pension as in para 4.1,
above and sanction of Dearness Relief on consolidated pension/family
pension.
5.1. Where the consolidated pension/family pension ... that the pension/family pension of
all pre-1986 pensioners/family pensioners who were in receipt of the
following types of pension
judicial service, the appointment in
the CAT is on tenure basis. The pension relating to such post is clearly
governed by Rule ... Rules.
Consequently, the provisions relating to pensioners retired on invalid
pension is not applicable. The Rules being unambiguous cannot be construed
to confer better pensionary
amount of pension shall be proportionate to the amount of pension admissible under Clause (a) and in no case the amount of pension shall ... anything contained in Clause (a) and Clause (b) the amount of invalid pension shall not be less than the amount of family pension admissible under
order in terms of Rule 38 of the Central Civil Services (Pension) Rules, 1972 holding the respondent herein as permanently incapacitated for performing the service ... Rule 38(1) of the said Rules reads thus:
Invalid Pension :--(1) Invalid pension may be grated if a Government servant retires from the service
paragraph 173 of the Pension Regulations, disability pension is to be granted to an individual, who is invalidated out of service on account of disability ... above, you are to entitled to disability pension under Army Pension Regulations.
.....
4. However, disability invalid service element gratuity of Rs. 1,403/- for your
death, the
retired officer was in receipt of a compensation,
invalid, retiring or superannuation pension. The
Family Pension will not be admissible in case ... grant of pension. The distinction between a pensionable
establishment and a provident fund establishment must, therefore, be borne
in mind. Pension although
Contributory
Provident Fund and another in relation to Pension. The Scheme of grant of
Family Pension is contained in Appendix 1 of the said Rules ... death, the
retired officer was in receipt of a compensation,
invalid, retiring or superannuation pension. The
family pension will not be admissible in case
