The main legal point established in the judgment is that while an employee may not be entitled to invalid pension under Rule 38 of the CCS (Pension) Rules, 1972, if they have not completed the qualifying service, they may still be entitled to disability pension if the disability is attributable to government service and renders them disabled from continuing with their employment.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The Union of India and officers of the Central Reserve Police Force (hereafter the CRPF) have filed the instant writ appeal challenging the judgment and order dated 30th January, 2017 passed by the learned Judge in WP No.17873(W) of 2011.

2. The above mentioned writ petition was filed by one Bankim Chandra Debnath, the respondent herein, alleging, inter alia, that he was appointed in the CRPF in 2001. During the period between 2nd March, 2007 and 9th September, 2008, the petitioner was referred to composite Hospital, CRPF, Guwahati on several occasions on the alleged ground of his abnormal behaviour. Subsequently on 22nd and 23rd June, 2009, a proceeding of departmental Rehabilitation Board was held at Eastern Sector Headquarters, Calcutta under the Chairmanship of Inspector General of Police, Bihar Sector, CRPF, Patna to assess medical fitness of the respondent. The Medical Board found the petitioner unfit for service in the CRPF and recommended for his invalidation from service. The Commandant, IInd Battalion, CRPF, appellant No.6 sent a letter to the respondent on 20th July, 2009 communicating the observation of the Medical Board and further informing him that he would be invalidated out from service after 30 days from the date of issuance, and to submit his willingness/unwillingness regarding the proposed action within 30 days from the date of receipt thereof. The respondent initially expressed his unwillingness by a letter dated 2nd August, 2009. Again on 16th September, 2009, appellant No.6 informed the respondent in writing that his disability was assessed to the extent of 100% and he was unfit for further service in the CRPF and as per provisions contained in Rule 38 of the CCS (Pension) Rules, 1972, he would be invalidated out from service after 30 days from the date of such letter. The aforesaid letter was followed by another letter dated 22nd September, 2009 issued by appellant No.6 requesting the respondent to submit necessary documents for the grant of invalid pension. At this stage, the respondent expressed his willingness subject to the condition that he be favoured with invalid pension. He was, accordingly, invalidated out from service with effect from 15th October, 2009. On 23rd February, 2010, the appellant No.2 issued a letter to the respondent informing, inter alia, that he was only entitled to death/retirement gratuity and medical allowance at the rate of Rs.100 per month and he would not be favoured with invalid pension as he did not render qualifying period of service of 10 years. The respondent submitted a representation on 30th March 2010 requesting the appellant No.6 to grant invalid pension in his favour which, however, yielded no result. Subsequently, the wife of the respondent submitted an application for compassionate appointment in the CRPF in place of the respondent which was also turned down. Further representations of the respondent did not also find favour of the relevant authority. As a last resort, the respondent invoked the jurisdiction under Article 226 of the Constitution of India for appropriate relief in the form of granting invalid pension.

3. The learned Single Judge allowed the writ petition by directing the appellants to grant full pension to the petitioner before his Lordship’s, as available on invalidation from service with effect from 15th October, 2009 with all arrears within three months from communication of the order.

4. The aforesaid order is assailed in the instant appeal.

5. Mr. D.N. Roy, learned Advocate for the appellants at the outset draws our attention to the relevant portion of the impugned judgment which runs thus:-

“Pension on retirement after rendering qualifying service but before the regular retirement age is provided in Rule 48 the CCS (Pension) Rules, 1972. Here the employee applies for retirement and pension after putting in the minimum period of service, required. It appears from their stand that to avail of it, in CRPF, an employ