The Delhi High Court held that a person cannot be denied the grant of disability pension in absence of any reason recorded by the Medical Board or the Invalidation Order.

The Court held thus in a Writ Petition filed by a man seeking a direction against the authorities to grant him disability pension on the basis of the Medical Board’s finding which had recorded that he was suffering from 40% disability.

A Division Bench of Justice Navin Chawla and Justice Shalinder Kaur observed, “On a perusal of the DRB, the Medical Board proceedings, as well as the Invalidation Order, we find that while the petitioner has been invalidated out of service on the basis of the DRB, no reason as to whether the disability of the petitioner is attributable to or aggravated by Service has been given. The dictum of law clearly provides that in absence of any reason recorded by the Medical Board or the Invalidation Order, the petitioner cannot be denied the grant of Disability Pension.”

Advocate K.K. Sharma represented the Petitioner while Senior Central Government Counsel (SCGC) Niraj Kumar and Advocate Chaitanya Kumar represented the Respondents.

Facts of the Case

The Petitioner joined the CRPF (Central Reserve Police Force) as a Constable/Driver in 1995, and was subjected to a thorough medical examination at the time of his selection and appointment. In the year 1999, whilst he was posted with the 52nd Battalion, Imphal, all of a sudden, he started experiencing redness in his left eye. On being referred to the GC Imphal, it was found that he was suffering from a ‘Corneal Ulcer’ and was given treatment for the same. Thereafter in 2003, a Department Rehabilitation Board (DRB) had found the Petitioner ‘fit’ to continue in service and opined that he should only be assigned light duties and that he should appear before the next DRB.

However, vide an Order, the Petitioner was declared completely and permanently incapacitated for service of any kind in the CRPF as a Combatant due to “Corneal Opacity with failed penetrating keratoplasty left eye” as opined by a Board of Medical Officers held at Composite Hospital, CRPF, New Delhi. He was then declared 40% disabled by the Director (Medical) Dte. Genl. CRPF. The Respondents issued a Show Cause Notice to him to show cause as to why he should not be invalidated out of service. The Petitioner duly replied and requested that he be allowed to serve in the Force for 5 more years so as to complete 20 years of service. However, his request was rejected and he was invalidated out of service in 2010. He sent multiple written requests for grant of Disability Pension, however, to no avail. Hence, he sought redressal of his grievance before the High Court.

Reasoning

The High Court in the above regard, noted, “… the benefit of reasonable doubt is to be given to the petitioner and this benefit is to be granted more liberally when the personnel is in field service.”

The Court was of the opinion that, in the absence of any reasons stated by the Respondents, and the fact that the Petitioner was fit at the time of his induction to the Force, and that the ailment arose during the service, it cannot be said that the disability of the Petitioner was not attributable to or aggravated by his Service.

“Consequently, we allow the petition by directing the respondents to grant Disability Pension to the petitioner by taking his disability at 40% rounded off to 50% and, accordingly, release pensionary benefits to him within a period of two months from the date of this judgment. As there is a considerable delay in the petitioner filing the present petition, on re-determination of his pension, the arrears of pension shall be released in favour of the petitioner by the respondents commencing from a period three years prior to the filing of the present petition and shall continue to be paid in future as well”, it further directed.

Accordingly, the High Court allowed the Writ Petition and granted disability pension to the Petitioner.

Cause Title- Kuldeep Singh v. Director General CRPF and Ors. (Neutral Citation: 2025:DHC:7-DB)

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