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RAJESH SHANKAR
Sanjay Mukul Kispotta – Appellant
Versus
Union of India, through Secretary, Ministry of Home Affairs, Government of India, Lodhi Road, South Delhi – Respondent
ORDER :
Rajesh Shankar, J.
1. The present writ petition has been filed with following prayers:-
(ii) For issuance of an appropriate writ, quashing the order dated 08.04.2021 passed by the Additional Director General, HQ Special DG Eastern Command who while agreeing with the findings as well as opinion of SCOI has directed that discase “Ankylosing Spondylitis” suffered by the petitioner will be treated as not attributable to government service.
(iii) For commanding upon the respondent authorities to consider the opinion and finding recorded by the Presiding Officer, Staff Court of Enquiry on 22.07.2004, agreed by the Inspector General, BSF, North Bengal Frontier vide remarks given on 22.07.2005 as well as opinion of the Medical Board approved by the IG/Director (Medical), Directo
The court ruled that the findings of the Staff Court of Enquiry lacked conclusive evidence, necessitating recognition of the petitioner's medical conditions as service-related for promotion eligibili....
Court emphasized that disability not attributable to service must be substantiated by evidence, and any ambiguity favors the claimant in pension entitlement.
The petitioner is entitled to seniority from the date his juniors were promoted, as administrative delays in conducting the Medical Board should not penalize him.
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.
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 ....
Disciplinary proceedings against individuals with mental illness must consider their condition and provide reasonable accommodations as mandated by the Rights of Persons with Disabilities Act, 2016.
A trainee appointed to the CRPF is considered a member of the force and is entitled to rehabilitation benefits if injured during training, regardless of the completion of training.
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