JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. The question of adjudication in this petition is, whether the petitioner suffers from disability of category ‘A’ or disability of category ‘B’, within the meaning of Office Memorandum dated 3rd February, 2000 of the Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners Welfare, Government of India, for the purposes of computation of his disability pension. While the respondents have held the petitioner to be suffering from disability of category ‘A’, the petitioner claims his disability is of category ‘B’.

2. The petitioner was employed as a Constable with the Border Security Force and during the period from October 1990 to December 1991, while serving as a Commando, National Security Guard at New Delhi, developed pain in both knee joints, which gradually spread to shoulders and other joints. The same was diagnosed as Osteo-Arthritis. The petitioner was finally retired on 19th October, 2013 as ‘invalidated out’ on medical grounds, with all pensionary benefits as admissible under the CCS Pension Rules, as the petitioner was suffering from 50% disability due to advanced knee Osteo-Arthritis with knee deformity wi