High Court Punjab-Haryana High Court

Hardeep Singh vs State Of Punjab & Others on 27 January, 2009

Punjab-Haryana High Court
Hardeep Singh vs State Of Punjab & Others on 27 January, 2009
CWP NO.7515 OF 2007                                   1


    IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                         CHANDIGARH.




                          CWP No.7515 of 2007
                          DATE OF DECISION:               27.1.2009


Hardeep Singh                                       ...Petitioner


                          VERSUS
State of Punjab & Others                            ...Respondents




                            CORAM

      HON'BLE MR.JUSTICE PERMOD KOHLI


PRESENT: Mr.Amit Dhawan &Mr. Ashok Khichi, Advocates
        for the petitioner

             Ms.Charu Tuli, Sr.DAG, Punjab

Permod Kohli, J. (Oral)

The petitioner was appointed as Constable in the year 1985 by the

Inspector General of Prisons, Punjab. Thereafter the petitioner was posted

as Warden in District Jail, Sangrur on 1.4.1987. It is alleged that whilst

posted as Warden in District Jail, Sangrur, the terrorists attacked the Jail on

14.10.1987, to secure the release of other terrorists, confined in the jail. The

petitioner alongwith other concerned officials deputed in the Jail rendered

the attack futile. The petitioner was awarded honorarium by the State
CWP NO.7515 OF 2007 2

Government for the act of bravery. In the year 1991, the petitioner was

transferred from District Jail, Sangrur to District Jail, Barnala. It is alleged

that while serving as Warden in District Jail, Barnala, the petitioner was

attacked by the militants at Railway Station Bhanguphool Mandi, Bathinda.

He remained admitted at Civil Hospital, Bathinda from 29.12.1991 to

16.3.1992. Right leg (below knee) and left arm (below elbow) of the

petitioner were amputated. The petitioner suffered 100% permanent

disability, as is evident from the certificate dated 12.11.1992 (Annexure P-

5). The petitioner approached the respondents for preparation of pension

case. The petitioner was asked to report to the Office of Superintendent,

Headquarter, Bathinda alongwith document for preparation of the case vide

letter dated 9.7.1993. The petitioner was also subjected to the Medical

Board. The Medical Board gave its opinion vide its letter dated 3.12.1993

which reads as under:-

“Sh.Hardeep Singh s/o sh. Jaila Singh whose signature is

given below appeared in this office 3.12.93 for his

medical examination, before the Standing Medical

Board. According to the report of the members of the

Board, “He is having Traumatic Amputation of Right

Leg (below knee) and left upper limb below elbow. He is

not fit to work as Jail Warder. However, he is fit for light

duty work.”

It seems that the petitioner filed a suit seeking appointment of his

wife instead of invalid pension. The said suit was dismissed by the court

below and the appeal preferred by the petitioner also resulted in dismissal.

The petitioner accordingly made a request vide his communication dated
CWP NO.7515 OF 2007 3

1.2.2000 and 12.3.2001 for grant of invalid pension. Inspite of repeated

representations, no action was taken by the respondents. The petitioner has

accordingly approached this Court seeking direction for grant of invalid

pension. The claim of the petitioner is, however, resisted by the respondents

on the ground that the petitioner has concocted a story of militant attack

whereas he never reported to the Railway Police Station or any other Police

Station regarding incident of attack by the terrorists. The respondents,

however, admitted the injuries sustained by the petitioner and the permanent

100% disability.

The invalid pension is permissible under Rule 5.11 of the Punjab

Civil Services Rules Vol.II which reads as under:-

“5.11. An invalid pension is awarded, on his retirement

from the Public Service, to a Government employee who

by bodily or mental infirmity is permanently

incapacitated for the public service, or for the particular

branch of it to which he belongs.”

From the perusal of the aforesaid rule, it is apparent that invalid

pension is payable whenever a government servant is incapacitated

permanently on account of bodily or mental infirmity during the service.

There is no stipulation or condition that such bodily infirmity should be on

account of terrorist attack or any such condition. A mere bodily or mental

incapacity for whatever reason is sufficient to make a government servant

eligible for invalid pension under Rule 5.11. This petition accordingly

succeeds. The respondents are directed to settle the claim of the petitioner

and grant invalid pension in accordance with rules within a period of two

months of the receipt of a certified copy of this order. Needless to say the
CWP NO.7515 OF 2007 4

petitioner shall be entitled to the interest at the rate of 6% per annum after

the expiry of three months period from the date of retirement till the amount

is actually paid.

(PERMOD KOHLI)
JUDGE

27.1.2009
MFK
Note:Whether to be reported or not:YES