O R D E R

The petitioner has filed this writ petition seeking direction to call for the records relating to the impugned recommendations of the 29th Departmental Rehabilitation Board (DRB) dated 23.12.2019 headed by the 2nd respondent and quash the same in so far as the non-applicability of disability pension and disability ex-gratia to the petitioner and direct the respondents to grant the disability pension to the petitioner.

2. Heard Mr.P.Manoj Kumar, learned counsel for the petitioner, Mr.V.Ashok Kumar, learned Standing Counsel for respondents and perused the materials available on record.

3. The petitioner joined the Central Reserve Police Force (C.R.P.F.) in the year 2005 and after completion of training, he was posted at 184 Battalion stationed at Srinagar, which was subsequently shifted to West Bengal in the year 2009. While he was serving in the said Battalion, he took Casual Leave from 24.10.2011 to 15.11.2011 and came back to his native place. On 02.11.2011, when he was returning home from the market, he met with an accident and sustained injuries and fractures on his right foot.

3.1. The petitioner was medically categorised as SHAPE-3 till 2015 and he was recategorised as SHAPE-5 from 06.10.2015. During 2016, he was transferred to Avadi, Chennai and later, he was directed to appear before the 29th Departmental Rehabilitation Board (DRB) held on

23.12.2019 at Hyderabad. On examination, he was declared as permanently incapacitated for combatant duty. The Board ultimately recommended to consider his case for medical invalidation. Hence he appeared before the Board on 20.10.2010. His permanent disability was assessed at 60% and that was confirmed by the medical authorities of C.R.P.F. also.

3.2. Based on the same, the competent medical authority / 3rd respondent has issued invalidation notice dated 19.12.2020. The petitioner accepted the invalidation and he was invalidated from service with effect from 22.01.2021 vide the order of the 3rd respondent dated 22.01.2021. He was informed that he will be granted invalidation pension but was denied with the disability pension on the ground that the petitioner has sustained injuries during the leave period.

3.3. As per the Official Memorandums of Government of India dated 21.04.2011 and 07.06.2017, those personnel, who are disabled and boarded out from service on account of disability attributable or aggravated in service shall be paid disability ex-gratia compensation. Hence the petitioner has filed this writ petition seeking the above relief.

4. Mr.P.Manoj Kumar, learned counsel for the petitioner submitted that though the petitioner suffered injuries in the year 2011, he served in the C.R.P.F. till the year 2021. His disability got aggravated due to performance of bona fide duty rendered in C.R.P.F. and the said disability is directly attributable and aggravated on account of hard nature of duties performed in C.R.P.F. in hard/field areas.

4.1. In such circumstances, the petitioner is eligible to get ex-gratia pension proportionate to his disability percentage. Since invalid pension sought to be paid is meagre compared to his salary already drawn, his family is put to great hardship due to financial issue. The petitioner has submitted a representation on 17.03.2021 to treat him on par with another employee by name K.Narasimhamurthy for whom an order has been passed by the High Court of Karnataka in W.P.No.45106 of 2017 dated 23.01.2020 by giving direction to pay him the disability pension.

5. Mr.V.Ashok Kumar, learned Standing Counsel for the respondents submitted that in pursuant to the notice served upon the petitioner for invalidation, he did not prefer any appeal or give any representation disagreeing the opinion of the Medical Board. As per the provision contained in the Government of India Decision No.1(5) 2(b) of CCS (Pension) Rules [CCS (Medical Examination)] Rules and para 7.1(iv), Chapter 7 of C.R.P.F. Medical Manual, the petitioner had agreed with the proceedings of inv