Back
2019 Supreme(Del) 1095
IN THE HIGH COURT OF DELHI AT NEW DELHI
S. Muralidhar, I.S. Mehta, JJ.
Rajinder Mani - Appellant
Vs.
Union Of India And Others - Respondents
Writ Petition (Civil) No. 2906 of 2017
Decided On : 12-03-2019
S.S. Hooda, Adv., Rochak Kharbanda, Adv., Adity Hooda, Adv., Sanjib Kumar Mohanty, Adv., Amit Acharya, Adv.
The disability must be directly attributable to or aggravated by the government service, and expert medical opinion and findings play a crucial role in determining eligibility for extraordinary pension under Rule 3-A of the CCS (EOP) Rules.
Headnote:
Extraordinary Pension - Border Security Force - CCS (EOP) Rules - Rule 3-A
Fact of the Case:
The Petitioner, a former Assistant Commandant in the Border Security Force, sought extraordinary pension under Rule 3-A of the CCS (Extraordinary Pension) Rules due to contracting Non Hodgkins Lymphoma (NHL) during his service and its aggravation due to service conditions. The Respondents initially rejected his application, leading to a series of legal proceedings.
Finding of the Court:
The Court found that the disability was contracted while in service and was aggravated by the government service, as confirmed by medical boards and a Court of Inquiry. The High Court of Jammu and Kashmir also ruled in favor of the Petitioner, concluding that the NHL was contracted during service and aggravated due to service conditions.
Issues: The main issues revolved around the attribution and aggravation of the disability due to government service, as per Rule 3-A of the CCS (EOP) Rules.
Ratio Decidendi: The disability must be directly attributable to or aggravated by the government service, and there must be a causal connection between the government service and the disability or its aggravation. Expert medical opinion and findings from medical boards and inquiries play a crucial role in determining eligibility for extraordinary pension.
Final Decision: The Court set aside the rejection of the Petitioner's claim for extraordinary pension and directed the Respondents to grant the pension from the date of his superannuation, with arrears to be paid within 12 weeks and current pension to be paid as and when due. The Respondents were also ordered to pay costs to the Petitioner.
S. Muralidhar, J.
The Petitioner, who joined the Border Security Force ("BSF") as Assistant Commandant ("AC") (Direct Entry) on 29th October, 1971, is before this Court seeking a direction to the Respondents to grant him extraordinary pension under Rule 3-A of the CCS (Extraordinary Pension) Rules [CCS (EOP) Rules].
2. The background facts are that the Petitioner had an outstanding record of service in the BSF having been awarded 14 Director General Commendation Rolls, Police Medal for Meritorious Services and President Police Medal for Distinguished Services.
3. The Petitioner was promoted to the rank of DIG on 1st March, 2003. He was posted as DIG Sector Headquarter, Rajouri (J&K) with responsibility of commanding 8th Battalion, including 05 Battalion on Line of Control ("LoC") and 03 on counter insurgency roles.
4. It is stated that while posted as DIG, SHQ, Rajouri, the Petitioner visited most of the Forward Defended Localities (FDLs) in LoC in hilly and farflung areas. He was thereafter posted as DIG Sector Headquarters, Counter Insurgency Operations at Ramban in J&K. He joined there on 11th June, 2004, with SHAPE 1 Medical Category and excellent health.
5. Between June, 2004 and January, 2005, the Petitioner performed his duties without any hindrance. It is stated that while working in hilly terrain, during this time, the Petitioner suffered internal bone injuries resulting into pain in his right leg during first week of February 2005. When the pain did not subside during March/April, 2005, the Petitioner undertook treatment at Jammu. The Petitioner suffered throughout severe pain despite taking painkillers, but continued performing his duties.
6. The Petitioner states that he was detailed for SOMC Level-III to be held at BSF Academy Tekanpur in the first week of July 2005. He left Ramban on 25th June, 2005 for that purpose. While in Delhi on 25th June, 2005 he consulted a neurologist, who advised an MRI. The MRI led the neurologist to suspect cancer in his spinal region. On 4th July, 2005, the doctor who saw the MRI reports, diagnosed it as "bone TB" and and advised medicines and CT guided biopsy of the spine.
7. When despite the treatment, the Petitioner's condition deteriorated, he was admitted in the Neurosurgery Ward at AIIMS, New Delhi on 4th August, 2005. He was shifted to the radiotherapy ward on 18th August, 2005 and diagnosed as a patient of Non Hodgkins Lymphoma (NHL) (bone cancer). He was given treatment by way of radiotherapy and chemotherapy in successive cycles
8. The Petitioner improved with treatment and on 4th November, 2007, he appeared before the Medical Board which confirmed that his was a case of NHL with THR (left) operated due to pathological fracture of Neck of Femur. He was recommended for Medical Category SI HI A2 (Permanent) P3 (Temporary-48) E1. He again appeared before the Medical Board on 20th November, 2008 which found no change is the diagnosis. He was considered unfit to remain in medical category S1H1. In answer to the question "was the disability contracted in service?" the Medical Board answered in the affirmative.
9. The Petitioner again appeared before the Medical Board on 22nd August, 2009, and a similar report was given. In both the reports, the Medical Board did not give any finding whether the disease was "aggravated by service conditions' or not. They entered the remark N/A i.e. not applicable. However, the Medical Board which examined him on 20th August, 2011, answered this question in the negative.
10. By an order dated 27th May, 2009, the IG Frontier HQ BSF Jammu ordered a Court of Inquiry (COI) to enquire into the circumstances under which the Petitioner while posted as DIG, Sector Head Quarter, Counter Insurgency Operations, Ramban contracted NHL (Bone Cancer).
11. The COI was conducted between 18th June and 9th September, 2009. The COI opined that the aggravation of the NHL (bone cancer) was attributable to the BSF government service because of deployment of BSF personnel
