The central legal point established in the judgment is the interpretation of disability provisions under relevant rules and the medical board's opinion to determine entitlement to disability pension and ex-gratia compensation.

ORDER :

S. Muralidhar, J.

1. The Petitioner, who has been medically boarded out of the Border Security Force ('BSF'), on account of being found permanently unfit, has approached this Court seeking two reliefs. The first is for a direction to the Respondents to grant him extraordinary pension or disability pension and the second is for grant of ex-gratia compensation.

2. The facts in brief are that the Petitioner joined the Armed Force Headquarters, Ministry of Defence as Lower Division Clerk ('LDC') on compassionate grounds on 16th October, 2009. While working as such, he applied for the post of Assistant Commandant in the Central Armed Police Force ('CAPF') through the Union Public Service Commission ('UPSC') in 2012. He appeared in the written examination in 2013 and subsequently, successfully cleared the Physical Efficiency Test and the Medical Examination. He was declared fit on 7th May, 2013.

3. The Petitioner's name was included in the list of the finally selected candidates declared by the UPSC and he was issued an offer of appointment dated 11th December, 2014 for the post of Assistant Commandant (Direct Entry) [('AC(DE)'] in the BSF. As a result, the Petitioner tendered his technical resignation at the Armed Force and on 16th January, 2015, was relieved from the Armed Force Headquarters.

4. On 19th January, 2015 the Petitioner reported at the BSF Academy Tekanpur, Gwalior on 19th January, 2015 for his basic training as AC (DE).

5. On 23rd November, 2015, the Petitioner sustained a 'bi-malleolar' fracture on his left ankle while training during the 'assault course' and was therefore admitted at the BSF Hospital and discharged after twelve days. The Petitioner was sanctioned Earned Leave ('EL') from 23rd January, 2016 till 23rd February, 2016 for resting his injured ankle.

6. The Court has been shown the original medical record of his examination by Medical Board on 5th August, 2016. The opinion of the Medical Board reads as under:

“9. Opinion of the Board.

Based on clinical examination, radiological findings and opinion of treating specialists the board is of the opinion that Sh. Mohit Ahlawat AC/DE Trainee Officer Sr. No. 39 is permanently unfit for undergoing Basic AC (DE) Training.”

(emphasis in original)

7. It should also be noted that in terms of the Medical Board proceedings the status of his disability was indicated as (58.47%).

8. The Petitioner made a representation on 19th October, 2016 for claiming financial assistance under the Golden Jubilee Seema Prahari Kalyan Kawach ('GJSPKK') scheme made available to the persons boarded out on account of the disability. By a reply dated 1st November, 2016, the Respondent rejected the claim of the Petitioner on the ground that he was declared 58.47% 'Temporary Disabled', whereas financial assistance could be granted only to Permanently Disabled Officers. The Petitioner made yet another representation on 2nd December, 2016 for financial benefits under the above scheme.

9. The findings of the Medical Board were communicated to the Petitioner on 2nd December, 2016. By his reply dated 5th December, 2016 he accepted those findings. By an order dated 27th December, 2016 the Respondent invalidated the Petitioner on the ground of physical unfitness while acknowledging that the injury sustained by the Petitioner was attributable to Government duty.

10. On 30th December 2016, the Petitioner requested the Respondents that his pension case should be processed. In the meanwhile, the Petitioner rejoined his post as LDC with the Ministry of Defence on 2nd January, 2017 since the Petitioner continued to be on his lien period in the Ministry of Defence.

11. On 15th July, 2017, the Respondent rejected the claim of the Petitioner stating that as per the Office Memorandum ('OM') dated 3rd February, 2000 disability pension was applicable only to those persons who have “permanent disability not less