Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, SHALINDER KAUR, JJ
Kuldeep Singh – Appellant
Versus
Director General CRPF – Respondent
JUDGMENT :
SHALINDER KAUR, J.
1. The petitioner has approached this Court under Article 226 of the Constitution of India, seeking a direction to the respondents to grant him Disability Pension on the basis of the Medical Board’s finding dated 02.02.2010, which had recorded that he was suffering from 40% disability.
2. Before we proceed to consider the prayer made, first a brief factual history leading to the filing of the present petition.
3. The petitioner joined the CRPF as a Constable/Driver on 05.04.1995, and was subjected to a thorough medical examination atthe time of his selection and appointment. In the year 1999, whilst the petitioner was posted with the 52 nd Battalion, Imphal, all of a sudden, he started experiencing redness in his left eye. On being referred to the GC Imphal, it was found that he was suffe ring from a ‘Corneal Ulcer’ and was given treatment for the same.
4. Thereafter, in the year 2003, a Department Rehabilitation Board (DRB) had found the petitioner ‘fit’ to continue in service and opined that he should only be assigned light duties and that he should appear before the next DRB. However, vide the order dated 02.02.2010, the petitioner was declared comp
The absence of attribution of disability to service by the Medical Board leads to a presumption of service-related disability, warranting the grant of Disability Pension.
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
The central legal point established in the judgment is the distinction between disability pension and invalid pension under the CCS Pension Rules, emphasizing the eligibility criteria and the impact ....
The main legal point established in the judgment is the application of the continuing wrongs and recurring wrongs principle to service law disputes, along with the entitlement to disability pension u....
The main legal point established in the judgment is the entitlement of a member of the armed forces to disability pension under the Central Civil Service (Extra Ordinary Pension) Rules, emphasizing t....
The central legal point established in the judgment is the entitlement to disability pension for a medical condition arising during service and aggravated by it, as well as the burden of proof on the....
Disability pension claims must be presumed service-related if not recorded at enlistment, with the burden of proof on the employer to demonstrate otherwise.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
