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 of service-related injuries on pension entitlement.

JUDGMENT :

The petitioner before this Court was a member of Paramilitary Force, Assam Rifles. Pursuant to a selection procedure to which the petitioner had applied for, he was selected and appointed to the post of Riflemen/GD (General Duty). The petitioner joined in the Assam Rifles Training Centre and School, Dimapur, Nagaland on 12.10.2002. After due verification of all relevant documents as well as medical checkup, the petitioner was found to be fit and he was accepted to be a member of the Force. He was then deputed for Military Basic Training to “Gharwal Rifles Training Centre” Lancedown, Uttarakhand. During the final test of the basic military training, while he was undergoing Battle Physical Efficiency Test (hereinafter referred to as “BPET”), he suffered an injury leading to a fracture in his right knee. He was admitted to Military Hospital, Dehradun, Uttarakhand and thereafter referred to Base Hospital, Lucknow for further treatment. The medical term for the injury suffered by the petitioner was Supra Condylar Fracture (RT) Femur (optd). After his treatment, he was sent back to Assam Rifles Training Centre & School, Dimapur. Although the petitioner reported to the Assam Rifles Training Centre, Dimapur in the month of October, 2003, he was kept there without any medical treatment and medical checkup and only light duty was given to him.

2. While he was rendering his service, he received a letter dated 28.10.2003 from the Office of the No.1 Training Battalion, Assam Rifles Training Centre & School, whereby the petitioner was discharged from service on 31.10.2003 (A/N). It is submitted that the petitioner was discharged from service without any disability pension and sent home with his injury that he suffered on his right knee. Although various applications and representations were filed before the authorities by the petitioner, however, he was not granted his pensionary benefits. The petitioner not being conversant with the Rules and Procedure, pursued the matter through the Department by filing necessary representations. Finally his legal advisor issued a legal notice dated 26.09.2012 under Section 80 of the Code of Civil Procedure, 1908.

3. Pursuant to the legal notice, he was served with a communication dated 19.01.2013 whereby the petitioner was directed to report to the Assam Rifles Composite Hospital, Shokhuvi, Dimapur, Nagaland on 11.02.2013 at 0800 hrs before the Medical Board to carry his re-examination as per the finding of by the earlier Medical Board. Accordingly, the petitioner reported to the Assam Rifles Composite Hospital, Shukhovi where he was medically examined by the Assam Rifles’ Doctors and the Medical Board. It is submitted that the petitioner was made to sign on some papers and he was informed that his pension papers will be sent to the Assam Rifles Headquarters and he was asked to return home. Although the petitioner was awaiting for grant of pensionary benefits but there was no response from the authorities and no pensionary benefits was granted. He, thereafter, submitted another representation before the Director General, Assam Rifles and in response, he was served with a communication dated 24.09.2020 by which he was asked to submit certain documents mentioned in the said communication in triplicate. Accordingly, the petitioner submitted the required documents in triplicate in response to the said communication. Thereafter by another communication dated 16.07.2021 further documents were directed to be submitted by the concerned office pursuant to which the petitioner duly furnished those documents as well.

4. It is submitted that inspite of all the documents having been submitted and duly accepted by the respondent authorities, his case for disability pension was not considered and his pension was not released. It is submitted by the learned counsel for the petitioner that under the provisions of CCS (Extraordinary) Pension Rules, 1939, the petitioner is entitled to be granted disability pension a