Disability pension not linked to length of service, says HC : The Tribune India

Join Whatsapp Channel

Disability pension not linked to length of service, says HC

CHANDIGARH: The Punjab and Haryana High Court has made it clear that disability pension has no connection with the length of service and is payable when an employee suffers from disability.



Saurabh Malik

Tribune News Service

Chandigarh, October 30

The Punjab and Haryana High Court has made it clear that disability pension has no connection with the length of service and is payable when an employee suffers from disability.

Forty years after a Border Security Force official was invalidated out from service with 100 per cent blindness, the high court also held him entitled to disability pension from the date of discharge.

The court was told that petitioner Amarjit Singh had suffered acute eyesight failure, while he was posted in high altitude area in the Ladkah sector. In December 1974, the Union of India issued a letter claiming that the petitioner was not entitled to pensionary benefits as per the Rules. Subsequently, he was invalidated out from service in February 1975. He was seeking disability pension from the date of discharge but without success.

The Union of India’s case was that the petitioner had less than 10 years of qualifying service required under Central Civil Service (Pension) Rules, 1972. Taking up the matter, the Division Bench of Justice Hemant Gupta and Justice Raj Rahul Garg observed the question of qualifying service arose to earn pension or invalid pension on attaining the age of superannuation under the Central Civil Service (Pension) Rules, 1972.

But the writ petitioner was invalidated out from service on account of medical condition. Such discharge entitled all persons paid from civil estimates to extraordinary pension, which included disability pension.

The bench added: “We find that under the 1972 rules, invalid pension is availed by an employee if he seeks retirement on account of any bodily or mental infirmity.

Top News

Hoshiarpur is ‘choti Kashi’; and Kashi was where Guru Ravidas was born, says PM Modi at rally in Punjab

Hoshiarpur is ‘choti Kashi’; and Kashi was where Guru Ravidas was born, says PM Modi at rally in Punjab

Modi says his wish is for Adampur airport in Jalandhar distr...

Delhi reports 1st heat-related death, man’s fever shot up to 107 degrees Celsius

Delhi reports 1st heat-related death, man’s fever shot up to 107 degrees Celsius

A doctor who attended to him said he was living in a room wi...

Is Delhi really burning in 52.9 degrees? Weather chief says ‘looks abnormal, possible error in sensors’

Is Delhi really burning at 52.9 degrees Celsius? Weather experts examining data

Heat wave intensifies in north, central India; 52.9 deg C in...


Cities

View All