Delayed Disability Pension Claim Can’t Be Rejected Solely On Ground Of Limitation: Delhi High Court Grants Lumpsum Compensation To Ex- BSF Constable Who Suffered Gunshot Injury

The writ petition, before the Delhi High Court was filed under Article 226 of the Constitution seeking a direction to the respondents to grant disability pension to the petitioner with effect from September 30, 2005, under Rule 3-A of the Central Civil Services (Extraordinary Pension) Rules, 1972 [CCS (EOP) Rules], along with all consequential benefits, on account of an injury sustained by the petitioner during the course of active service.

On the contention of the respondents that the petitioner-Constable approached the High Court after a delay of 14 years from the date of his superannuation, the Bench of Justice Navin Chawla and Justice Shalinder Kaur said, “...given the recognition of such claims as involving a continuing cause of action, and that the administrative action in question does not adversely affect the rights of third parties, a delayed claim for disability pension/exgratia payment for a disability suffered cannot be rejected solely on the ground of limitation.”

Advocate Ankur Chhibber represented the Petitioner, while CGSC Bhagwan Swarup Shukla represented the Respondent.

Factual Background

The petitioner was enrolled as a Constable (General Duty) in the Border Security Force (BSF) in 1966, having been medically assessed under SHAPE-I medical category at the time of recruitment. He was promoted to the rank of Sub-Inspector in 1993. While he was posted to Srinagar and performing cordon and search duties at Sopore (J&K), the petitioner sustained a gunshot wound at the base of his nose while confronting militants, which caused serious damage to the left eyeball and the zygomatic bone, resulting in permanent loss of vision in the left eye. He was sent to the 92nd Base Hospital, Srinagar, where he underwent surgery, including the evisceration of the left eye.

Recognizing the petitioner’s act of bravery, he was awarded the Police Medal for Gallantry by the President. Consequent to the injury, the petitioner was placed in the medical category “BEE(P)”. Thereafter, the petitioner was considered for promotion by the Departmental Promotion Committee (DPC) albeit subject to the Government's decision on relaxation in medical standards. Despite being placed at Serial No. 149 in the Consolidated List-E of 492 Sub Inspectors recommended for promotion, the petitioner was denied promotion owing to his medical category S1H1A1P1E3(T-48), which rendered him ineligible under the relaxed criteria prescribed for promotion.

Aggrieved by the said non-consideration for promotion, the petitioner preferred a representation. The Medical Board also opined that the disability was attributable to service conditions. The petitioner was re-examined and his disability was reaffirmed at 30%. Thereafter, the petitioner superannuated and was granted superannuation pension, which was subsequently revised in light of the recommendations of the 7th Central Pay Commission. Aggrieved by the non-grant of disability element of the pension and ex-gratia, despite the permanent disability being medically assessed at 30% and as attributable to service, the petitioner preferred the Petition before the High Court.

Reasoning

The Bench noted that the respondents concluded that the petitioner was suffering from a permanent disability to the extent of 30% only in 2004, that is, one year before his superannuation. The effect of the disability suffered by the petitioner also manifested itself when he was denied promotion to the post of Inspector in the year 2003.

“Therefore, to insist that the petitioner should have applied for grant of ex-gratia amount within five years of the date of injury would be unreasonable restriction on the legitimate claim of the petitioner. It must be remembered that there is no dispute that the petitioner has suffered 30% disability due to the gun shot injury suffered by him in the line of duty. In fact, once there was no dispute of the petitioner having suffered injury/disability due to the gunshot injury in the line of duty, the respondents on their own should have released the ex-gratia amount to the petitioner immediately rather than waiting for a formal application from the petitioner”, it said.

The Bench explained that as per sub-rule (3) of Rule 9, when an individual is retained in service despite the disability suffered, he shall be paid compensation in a lump sum in lieu of the disability pension. Disability pension is ordinarily payable to an individual who, due to a disability incurred during service, is rendered incapable of discharging his duties and is consequently boarded out from the service on that account. However, in case the individual is retained in service despite such disability, he would not be entitled to disability pension, as he remains entitled to all the benefits of a serving employee, including salary, etc. Sub-rule (3) of Rule 9 entitles him to the grant of compensation in a lump sum.

During the 12 years until his superannuation, and even for 14 years thereafter, he did not make any representation to the respondents claiming that he was unable to perform his duties due to his medical condition. On the contrary, he accepted a promotion to the rank of Subedar with effect from November 11,2004, along with the associated salary benefits.

Thus, the Bench held that the petitioner is entitled to compensation in lumpsum (in lieu of the disability pension) under Rule 9(3) of the CCS (EOP) Rules, from the date when the decision was taken by the respondents to retain the petitioner in service despite his disability. The Bench thus disposed of the Petition by directing the respondents to assess the amount of compensation in accordance with Sub-rule (3) of the Rule 9 of the CCS (EOP) Rules and release the same within 13 months from today.

Cause Title: Jagtar Singh v. Union of India & Ors (Neutral Citation: 2025:DHC:3991-DB)

Appearance:

Petitioner: Advocate Ankur Chhibber

Respondents: CGSC Bhagwan Swarup Shukla, Advocates S. Kumar, Satyam Singh

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