UNION OF INDIA AND ANR. versus BASHIRBHAI R. KHILIJI

Citation: [2007] 6 S.C.R. 1060 · Decided: 16-05-2007 · Supreme Court of India · Bench: A.K. MATHUR · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
UNION OF INDIA AND ANR. 
v. 
BASHIRBHAI R. KHILIJI 
MAY 16, 2007 
B 
[A.K. MATHURANDTARUN CHATTERJEE, JJ.] 
Service LaY.~Pension-lnvalid Pension-Incumbent while discharging 
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his duties became incapable-Invalidated from service-Invalid pension 
' 
c denied-Gratuity paid and an amount fixed for monthly payment from Risk 
Fund-Writ Petition seeking the pension-High court directing grant of 
pension- On appeal, held: Incumbent not entitled to pension as he did not 
have minimum qualifYing service of ten years-However, in order to 
compensate him, direction to pay him Rs. One lakh ex gratia-Centra/ Civil 
Services (Pension ) Rules, 1972-rr. 38 and 49-Central Reserve Police 
D Force Rules, 1955. 
Respondent was appointed as Armed Constable in Central Reserve Police 
Force. Respondent, while discharging his duties became invalid to serve 
-{ .. 
anywhere. He was invalidated from service. His request for invalid pension 
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was rejected on the ground that he had not completed the qualifying service 
of ten years. He was given service gratuity and recurring payment of 
Rs. 1000/- per month from Risk Fund, for life. An order of recovery of an 
amount was also passed against the respondent, which was over-paid to him 
with respect to the period he remained under treatment and medical 
examination. Respondent filed Writ Petition seeking invalid pension. High 
F Court allowed the Writ Petition. Hence, the present Appeal. 
y 
Allowing the Appeal, the Court 
HELD: 1. Rule 49 read with Rule 38 of Central Civil Services (Pension), 
Rules, 1972 makes it clear that qualifying service of pension is ten years 
G and therefore, gratuity is determined after completion of qualifying service 
of ten years. Therefore, for grant of any kind of pension one has to put in the 
minimum of ten years of qualifying service. The Respondent in the present 
case, does not have the minimum qualifying service. Therefore, the authorities 
,. ~ 
declined to grant him the invalid pension. But the amount of gratuity has been 
H 
1060 
U.0.1. v. BASHIRBHAI R. KHILIJI [A.K. MATHUR, J.] 
1061 
determined and the same was paid to him. [Para 3) [1065-G, H; 1066-A) 
A 
2. The respondent should have been adequately compensated. A sum 
which was paid to him during the medical treatment, shall not be recovered 
from him. Since the respondent while discharging his duties has become 
invalid to serve anywhere on account of impairment of both of his ears, 
therefore, in fitness of things, it is directed that a sum of Rupees one lakh be B 
given to him ex gratis for his survival. [Para 4 and 5) [1066-A, B, CJ 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 686 of2005. 
From the Judgment and Order dated 4.2.2004 of the High Court of 
Gujarat at Ahmedabad in S.C.A. No. 2806/1998. 
C 
P.P. Malhotra, A.S.G., Vineet Malhotra, Sunita Sharma, Chetan Chawla 
and Sushma Suri for the Appellants. 
Nitu Smita Das and V.N. Raghupa.by for the Respondent. 
The Judgment of the Court was delivered by 
A.K. MA THUR, J. I. This appeal is directed against the order passed 
by the Division Bench of the High Court of Gujarat at Ahmedabad whereby 
D 
the Division Bench of the High Court has set aside the order passed by the 
Additional Deputy Inspector General of Police, Central Reserve Police Force, E 
( for short, CRPF), Group Centre, Gujarat, Gandhi Nagar dated 26.4.1996 and 
held that the respondent is entitled to invalid pension which may be calculated 
in accordance with rules and paid to him within three months along with 
interest at the rate of 9 per cent from 1.9. I 991. 
2. Brief facts which .are necessary for disposa1 of this appeal are that F 
the respondent herein was selected and appointed as Armed Constable in the 
Central Reserve Police Force. He was posted at Amritsar (Punjab) in the Anti-
terrorist squad. Thereafter, he was posted at Srinagar (Jammu & Kashmir) for 
the protection of citizens against terrorists. While on duty due to heavy 
snowfall in Srinagar he suffered from Pyrogenic meningitis and neurosensory G 
deafness (bilateral). Consequently, he was referred to S.M.N.S.Hospital and 
was admitted there from 19.1.1990 to 14.2.1990 and thereafter at the Base 
Hospital-I, New Delhi and All India Institute of Medical Sciences, New Delhi 
from 17.3.1990 to 16.4.1990 for investigation and treatment. He was diagnosed 
as a patient of 'Pyrogenic Meningitis with B.I. Sensonery Deafness'. Despite H 
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SUPREME COURT REPORTS 
(2007) 6 S.C.R. 
medica

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