JUDGMENT :

D.P. Choudhury, J.

Challenge has been made to the inaction of the opposite parties in not granting disability pension to the petitioner although he has been declared permanently incapacitated with 70% disability.

FACTS

2. The factual matrix leading to the petitioner’s case is that the petitioner was initially appointed as a Cook in the Central Reserve Police Force (hereinafter called as “CRPF”) and subsequently he fell ill and kept under medical supervision for a long time. While he was discharged from CRPF Base/Group Hospital BH-2, he was discharged with a declaration that he was not fit for any active combat duty and was declared permanently unfit. Accordingly, the Chief Medical Officer, CRPF Base Hospital, Hyderabad recommended for invalid retirement of the petitioner.

3. Be it stated, the Additional DIGP, CRPF, Bhubaneswar, vide memo dated 3.6.2004 declared the petitioner completely and permanently incapacitated for further service of any kind in the Department because of his chronic psychiatric illness. However, an opportunity was afforded to the petitioner to make any representation within a period of one month from the date when he was proposed to be invalidated from t