O R D E R

The petitioner was appointed as Coast Guard on 26.06.1985 under the respondents and was discharged from service on 13.06.1986 on medical invalidation for having acquired pulmonary tuberculosis out of stress and strain of his employment. A duly constituted Medical Board opined that he has suffered the disease out of work pressure and 100% disabled to continue in any service. He was granted disability pension, but service pension on medical invalidation was given. Aggrieved over the same, he approached this Court by way of a writ petition in W.P.No.18749 of 1999. This Court, considering the rule position has directed the respondents to grant pension to him under Rules 38 and 49 of CCS (Pension) Rules. The respondents reconsidered the issue in the light of direction issued by this Court and ordered lumpsum payment of Rs.920/- under Rule 38 in lieu of invalid pension by their order Quoting:00585 dated 26.10.2009. The present writ petition has been preferred challenging the validity of the order.

2. According to the petitioner, this Court has given a positive direction to grant pension in accordance with Rules 38 & 49 of CCS (Pension) Rules (hereinafter called as “Rules”), where