The main legal point established is that under the Central Civil Services (Pension) Rules, 1972, a government servant may be entitled to pension if retired from service on account of bodily or mental infirmity, and fractions of a year can be treated as completed one half year for calculating qualifying service.

Govind Mathur, J.-The petitioner entered in the services of Union of India being enrolled with Central Reserve Police Force on 07.07.1956. On enrolment the petitioner was inducted to XV Battalion Central Reserve Police Force which is now known as 61 Battalion CRPF.

2. The petitioner was sent for examination of medical fitness on 07.04.1966. The petitioner was found suffering from some ailment and, therefore, he was sent for screening of chest and ECG at Victoria Hospital, Ajmer on 12.04.1966. The petitioner was directed to report to Additional Deputy Inspector General of Police, Record Office, Central Reserve Police Force, Neemach for his final medical board examination on 23.04.1966. The medical examination of the petitioner by the competent medical board was conducted from 24.04.1966 to 4.05.1966. The petitioner as a consequence of recommendations made by the medical board was ordered to be invalided out of service. Accordingly the petitioner was invalided out on medical grounds and was discharged from services w.e.f. 06.05.1966. A discharge certificate dated 25.08.1966 was subsequently issued by commandant XV Battalion, Ajmer (now known as 61 Battalion) wherein conduct and character of the petitioner has been shown "exemplary".

3. The petitioner after getting discharged from services made number of requests to the respondents for grant of pension to him but of no consequence. The petitioner was communicated from the office of Commandant 61 Battalion CRPF, Ludhiana (Punjab) that as per Pension Rules a Government Servant will have to complete 10 years continuous qualifying service to become eligible for civil pension. The pension was denied to the petitioner since he had not completed 10 years qualifying services in CRPF. The petitioner thereafter made certain representations and ultimately served a notice for demand of justice through his Counsel Shri S.K. Nanda, Advocate stating therein that in light of provisions of Rule 38 read with Rule 49 of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as "the Act of 1972") he is entitled for pension. No response was given to the notice referred above, hence the petitioner preferred the present writ pension before this Court.

.4. A reply to the writ petition has been filed by the respondents stating therein that the petitioner was ordered to be invalided out of service on medical grounds and he was discharged from service on 06.05.1966. At the time of discharge from service he was lacking by a period of more than three months in completion of statutory qualifying service i.e. the period of 10 years on basis of it the respondents justified that decision for not granting pension to the petitioner.

.5. I have heard learned Counsel for the parties.

.6. The contention of the Counsel for the petitioner is that under Rule 38(1) of the Rules of 1972 invalid pension may be granted, if a Government servant retires from service on account of any bodily or mental infirmity which permanently incapacitates him for service. The petitioner was retired from services on becoming invalid and, therefore, pension required to be given to him. He has further stated that in light of Sub-rule (3) of Rule 49 of the Rules of 1972 while calculating the length of qualifying service fraction of a year equal to three months and above is required to be treated as completed one half year and the petitioner who has completed services of 9 years 10 months and five days is, therefore, required to be deemed to have completed 10 years of service and as such is to be treated entitled for grant of invalid pension.

.7. Rule 38(1) of the Rules of 1972 reads as under:-

"38. Invalid pension.-

.(1) Invalid pension may be granted if a Government servant retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service.

8. According to Rule 38 of the Rules of 1972 invalid pension may be granted if a Government servant retires from service on acco