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