Invalid pension can be granted for mental or physical infirmity before ten years of service under specific government rules, emphasizing the necessity of proper assessment and procedural fairness.

JUDGMENT(Oral)

CM APPLN. 33289/2021 (u/S 151 by the petitioner) & CM APPL. 30887/2022 (u/S 151 CPC by respondents No.1,2,4,5 & 7) & W.P.(C) 3884/2010

1. Today, the above captioned first application has been listed for hearing whereby petitioner has prayed for a direction to respondents to grant him disability pension under the provisions of CCS (Extra Ordinary Pensions) Rules and OM No. 45/22/97P&PW (C) dated 03.02.2000, in place of invalid pension and also to grant interest @ 15 % from the date of invalidation i.e. 15.07.1993 till date of payment to the petitioner.

2. Pertinently, the subject petition has been filed seeking a writ of mandamus directing the respondents No. 2,5 and 7 to release invalid pension to the petitioner; to release the admissible benefits as are released to the incumbent who are sent out of service on medical grounds for the injuries sustained during duty; and to examine the possibility of granting disability pension to the petitioner. However, by virtue of CM APPLN. 33289/2021, the petitioner has in fact sought to amend the prayers and relief made in the main petition.

3. On 04.04.2022 when this application came up for hearing, learned Central Government Standing Counsel (CGSC) appearing on behalf of respondents submitted that the respondents have decided to release the invalid pension to the petitioner w.e.f. 15.07.1993 and final decision shall be taken before the next date. On the next date of hearing i.e. 10.05.2022, learned CGSC had informed that the final decision is yet to be taken on release of invalid pension to the petitioner.

4. However, on 11.07.2022, above cpationed second application CM APPLN. 30887/2022 was filed on behalf of respondents No.1,2,4,5 & 7, which has come up for hearing today, whereby respondents are seeking to withdraw the statement made before this Court on 04.04.2022 by learned CGSC appearing on their behalf that the "respondents have decide to release the invalid pension to the petitioner and final decision thereon shall be taken" on the ground that the case of petitioner for consideration of invalid pension is neither covered under the CCS (Pension) Rule, 1972 nor CCS (EOP) Rule, 1939. Respondents have also prayed for consideration of the case on merits.

5. During the course of hearing in these applications, this Court is of the opinion that the issues raised in these applications pertain to the subject matter of this petition and to arrive at a just decision, it would be appropriate to decide these applications along with the petition itself in view of contentions raised in the petition; counter affidavit and the applications filed on behalf of respondents.

6. The brief facts, giving rise to the present petition are that on 13.04.1988, the petitioner was selected as Constable in Central Reserve Police Force (CRPF) and after completing his basic training at CRPF Group Centre, Bhubaneshwar, Orissa, he was posted at 39 Bn. CRPF, Imphal (Manipur) and was later shifted to Delhi in 1990.

7. Pursuant to a proposal floated by the respondent No.3, petitioner showed his willingness to apply and was selected in respondent No.3-National Sec