The main legal point established in the judgment is that a government servant, when retained in service in spite of disablement, is entitled to claim lump sum compensation in lieu of disability pension under Rule 9(4) of the Central Civil Services (Extra Ordinary Pension) Rules, 1939.

Augustine George Masih, J.

1. Challenge has been posed to the voluntary retirement to be effective from 01.11.2008 granted to the petitioner vide order dated 24.07.2008 (Annexure P-5) being arbitrary, illegal on the ground that the request for voluntary retirement was withdrawn by the petitioner through application dated 15.09.2008 (Annexure P-6) and 16.10.2008 (Annexure P-7) as the petitioner was retired from service in contravention of the law laid down by the Honble Supreme Court. A further prayer was made that the petitioner was entitled to extra-ordinary pension for disability suffered while on duty as per the Central Civil Services (Extra-Ordinary Pension) Rules, 1939.

2. Briefly the facts of the case are that the petitioner was enrolled as combatised member of the Central Reserve Police Force (hereinafter referred to as the `CRPF) in the cadre of Driver on the rank of Constable. He was enlisted on 25.11.1987 and performed his duties as per the orders to the utmost satisfaction of his superior officers. The petitioner was performing counter insurgency duties in the year 1989 while there was spurt of militant/terrorist activities in Punjab and Chandigarh. While performing bona-fide Government duty, the petitioner met with a road accident on 20.09.1989 which resulted in injury to the Right Tibia/Fibula/Clavicle and Femur with intra medullary nail fitted in right femur after surgery. The petitioner recovered from the said injury and thereafter performed duties at Srinagar in the year 1990-91, from year 1991-97 at Group Centre Pinjore, 1997-2000 under 121 Battalion at Gurgaon, Delhi, Assam and Jalandhar Group Centre. In August, 2007, the petitioner was posted to Group Centre Pinjore. Owing to his injuries, the petitioner was reverted from Motor Transport cadre to General duty cadre in the year 2007. The medical categorization of the petitioner took place on 04.01.2008 in the annual medical check-up and was placed in medical categorization SHAPE-III (Permanent) by Medical Officer of the respondent-Department (Annexure P-1). On 26.03.2008, the petitioner was directed to appear before the Rehabilitation Board. He was told that he cannot further be retained in service and was pressurized to give an undertaking to proceed on voluntary retirement and faced the invalidation board which will board the petitioner out of service by declaring him totally unfit. Accordingly, the petitioner, who was a Constable, gave an undertaking dated 26.03.2008 that he was willing to proceed on voluntary retirement. The petitioner submitted a representation dated 28.04.2008 (Annexure P-2) to the Inspector General CRPF-respondent No. 3 highlighting his difficulty, which he was likely to face on his voluntary retirement. This representation of the petitioner was not taken in its true spirit and respondent No. 3 passed the order dated 14.06.2007 (Annexure P-3), in which it was written that if the petitioner was refusing to go on voluntary retirement then his services be prematurely terminated by invaliding him out of service. The petitioner thereafter received instructions wherein he was intimated that he should give an option whether to proceed on voluntary retirement or face the invalidation Board. The petitioner gave a representation dated 15.07.2008 (Annexure P-4) addressed to respondent No. 4 requesting that he will go on voluntary retirement w.e.f. 01.11.2008. This request of the petitioner dated 15.07.2008 was accepted swiftly vide order dated 24.07.2008 (Annexure P-5). Thereafter, the petitioner gave applications dated 15.09.2008 and 16.10.2008 withdrawing his request for voluntary retirement. Before the said applications could be considered by the respondents, the petitioner meanwhile submitted another application dated 24.10.2008 to cancel his earlier request dated 16.10.2008 and expressed willingness to go on voluntary retirement w.e.f. 01.11.2008 as per his initial request dated 26.03.2008. Thus, the petitioner voluntarily retired w.