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2025 Supreme(Online)(CAT) 5496
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Smt Madhu Sharma – Appellant
Versus
Union of India through Secretary, Ministry of Defence – Respondent
Transfer Application No. 8830/2020 | SWP/WP(C) No. 62/2020
For the Appellants/Petitioners: Mr. Sachin Sharma
For the Respondents: Mr. Raghu Mehta, CGSC
The denial of disability pension due to an accident not being attributed to service is flawed; employees acquiring disability during service are entitled to benefits under disability legislation.
Headnote:(A) Central Civil Services (Pension) Rules, 1972; CCS (Extraordinary Pension) Rules; Rights of Persons with Disabilities Act, 2016; Persons with Disabilities Act, 1995 - Invalid/disability pension - Petitioner, a permanent employee, suffered 100% disability due to a road traffic accident during service and sought invalid pension. Respondents denied claim, citing accident not attributable to service. Court found denial arbitrary, emphasizing statutory protections and ordered sanction of disability pension along with arrears. (Paras 6, 10, 12, 14)
(B) Legal Rights of Disabled Employees - Employees acquiring disability during service must be informed of their rights and cannot be denied benefits due to ignorance of statutory protections. (Paras 10, 12)
Facts of the case:
Petitioner, aged 60, employed as Mazdoor, suffered a severe spinal injury in an accident on duty. Despite recommendations for disability pension, only normal pension was sanctioned. Petitioner’s repeated requests for enhanced benefits were ignored.
Findings of Court:
The court directed the respondents to grant invalid/disability pension and release arrears to the petitioner’s legal heir.
Issues: The main issues were whether the accident was attributable to service and the entitlement to disability pension under applicable laws.
Ratio Decidendi: The court ruled that the denial of pension based on the accident not occurring during official duty was flawed, noting the need to uphold the beneficial nature of disability laws.
Result: Transfer Application allowed; respondents directed to grant disability pension and arrears.
| Table of Content |
|---|
| 1. transfer of case and prayer for pension. (Para 1 , 2) |
| 2. petitioner's background and disability. (Para 3) |
| 3. respondents' contestation of the claim. (Para 4) |
| 4. court's review of legal principles. (Para 5 , 8) |
| 5. details of the accident and its consequences. (Para 6 , 7) |
| 6. legal heir's substitution. (Para 9) |
| 7. supreme court precedent on disability rights. (Para 10 , 11) |
| 8. denial of rights under constitutional provisions. (Para 12) |
| 9. court's order for pension and benefits. (Para 14 , 15 , 16) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WP(C) No. 62/2020 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/8830/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court with following prayer:
a) “Mandamus may kindly be issued directing the respondents to appropriately fix the pension case of the petitioner for invalid/disability pension, over and above normal pension, as provided in CCS (P) and CCS (EOP) Rules read with section 20 of Rights of Persons with Disability Act, 2016 and Section 47 of Persons with Disabilities Act, 1995 and various office corrigendum's dated 25.02.2015, 19.05.2015, 30.09.2016 and 26.06.2016(Annexure-VIII), issued by the office of respondents, from time to time. Or in the alternate
b) Mandamus may kindly be issued directing the respondents to reinstate the petitioner as Mazdoor (AMN duty) w.e.f the date of commutation of service i.e., from 01.01.2009 and further to provide all service benefits including annual increments, promotions etc., and further allow the petitioner to continue in service till the date of superannuation, including release of all the benefits as provided to a similarly situated employee, in compliance to the judgment rendered by Hon'ble Apex Court of India in judgment/order titled Bhagwan Dass & Ors. V/s Punjab State Electricity Board & Ors. read with section 20 of Rights of Persons with Disability Act, 2016 and Section 47 of Persons with Disabilities Act, 1995 and various office corrigendum's dated 25.02.2015, 19.05.2015, 30.09.2016 and 26.02.2016(Annexure-VIII), issued by the office of respondents, from time to time.
c) And/or any other relief which this Hon'ble Court deems fit and proper may also kindly be passed in favour of the petitioner and against the respondents, keeping in view the facts and circumstances of the hu case and in the interest of justice.”
3. The facts of the case as averred by the petitioner in his pleadings are as follows:
a) The petitioner, Madan Lal, aged 60 years, was a permanent employee of the 15 Field Ammunition Department and was serving as a Mazdoor (AMN Duty). He was initially appointed on 26.08.1983 and served continuously for more than 25 years in the same capacity. On 31.03.2008, while returning home from duty, he met with a road traffic accident while traveling from Jandrah to Udhampur in matador No. JK14-1327. As a result of the accident, he suffered a spinal injury that left him 100% disabled with severe complications including bowel and bladder dysfunction. Due to this condition, he became completely bedridden and paralytic, requiring continuous assistance and care.
b) Owing to the permanent disability suffered during service, the petitioner submitted an application on 02.09.2008 seeking premature retirement and simultaneously requested the grant of invalid/disability pension. The office of Respondent No. 3 (The Commandant, 15 Field Ammunition Department) duly verified the application and forwarded his case to Respondent No. 2 (The Principal CDA, Allahabad) for processing under the applicable provisions of the CCS (Pension) Rules and CCS (Extraordinary Pension) Rules.
c) Despite the recommendations made by Respondent No. 3, the office of Respondent No. 2 issued Pension Payment Order (PPO) No. C/ADC/16263/2009 dated 04.06.2009 sanctioning only routine pension w.e.f. 01.01.2009, without including the additional component for inv
