IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.03.2025 CORAM:

THE HONOURABLE Mr. JUSTICE R. SURESH KUMAR AND THE HONOURABLE Dr. JUSTICE A.D. MARIA CLETE W.A.No.3 of 2023 S.Rajesh Kannan .. Appellant Vs.

1.The Inspector General of Police Karnataka-Kerala Sector (K.K.S.)

Central Reserve Police Force (CRPF)

Group Centre, Doddaballapur Road Yelahanka, Bengaluru, Karnataka 560 064 2.The Deputy Inspector General of Police Group Centre Central Reserve Police Force (CRPF)

Doddaballapur Road Yelahanka, Bengaluru, Karnataka 560 064 .. Respondents Writ Appeal filed under Clause 15 of the Letters Patent challenging the order dated 03.11.2022 passed in W.P.No.13953 of 2021.

For Appellant : Mr.Sharath Chandran For Respondents : Mr.M.Karthikeyan Senior Panel Counsel

JUDGMENT

(Delivered by R.SURESH KUMAR, J.)

This intra-court appeal has been directed against the order dated 03.11.2022 passed by the writ Court in W.P.No.13953 of 2021.

2. The appellant viz., S.Rajesh Kannan, was a member of the Central Reserve Police Force (in short "CRPF"). While he was serving with the said force, on 30.10.2008, one platoon of C/12 battalion, CRPF, Gauhati, in which he was working, was deployed for NAKA duty and on completion of NAKA duty, the section was tactically moved to board a bus near International Hospital so as to reach C/12 battalion location. When the section approached Ganeshgudi Bridge, suddenly, a bomb placed in a car blasted, due to which, three members of the section, including the appellant herein, were severely injured. Subsequently, it was found that the appellant sustained multiple soft tissues splinter injuries in his right hip/scrotum with right tympanic membrane perforation. As a result of the said bomb blast by the terrorists/anti-national elements, such an incident took place. Since the injuries were sustained by the appellant while he was on bona fide Government duty, he was entitled to all benefits as per rules.

3. Based on this disability, i.e., because of the severe injuries sustained by the appellant due to the said bomb blast while he was on duty on 30.10.2008, he was considered for pensionary benefits as he became medically invalidated under category 'D' of 1939 Rules, i.e., Central Civil Services (Extraordinary Pension)

Rules, 1939 [in short "CCS (EOP) Rules"].

4. According to the appellant, since he sustained injuries, due to which, he was medically invalidated and such injuries were sustained due to the bomb blast by extremists/terrorists/antisocial elements, the case of the appellant should have been placed under category 'E', instead of category 'D' of CCS (EOP) Rules, in which event, he would be eligible to get full pension.

5. With the above request, when the appellant approached the

2^nd respondent, the 2^nd respondent, by order dated 04.04.2021, rejected the plea of the appellant to consider him for grant of pension under category 'E'. Therefore, challenging the said order dated 04.04.2021, the appellant had approached the writ Court by filing W.P.No.13953 of 2021.

6. The learned writ Court has considered the relevant rules viz., of CCS (EOP) Rules, wherein, under Schedule-II, there were five categories, i.e., category 'A' to category 'E'. The learned writ Court, in fact, had extracted in the order impugned the relevant rule, especially, the category 'D' and category 'E' and ultimately, found in paragraphs 6 and 7 of the order impugned, that since disability is attributable to acts of violence by terrorists/anti-social elements, etc., whether in performance of duty or otherwise, due to which, the appellant got disabled and medically invalidated, he can be fit in only category 'D' and not under category 'E'.

7. The learned Judge has further held that category 'E', inter alia, deals with death or disability arising as a result of attack by or during action against extremists, antisocial elements, etc. The learned Judge has also held that admittedly, the appellant was not attacked by or during action against extremists or anti-social e