Shimla, January 2
The High Court HP quashed and quashed the order issued by the commander of the 9th Battalion of the Indo-Tibetan Police Force (ITBP), Union Ministry of the Interior, in which it rejected the pension claim of disability of a soldier on the grounds that he had only 40 percent disability.
In passing this order, a division bench comprising Judge Sabina and Judge Satyen Vaidya observed that “the case reveals the weary story of a soldier who, instead of fighting on the battlefield, had to fight in court “.
The court further ordered the government last week, following an appeal filed by Bhisham Singh of Shimla, to pay him a disability pension as applicable under the extraordinary central civil service pension rules as well as the arrears with interest of 9% per annum within three months.
Accepting the appeal of a former police officer of the Indo-Tibetan Police Force, who sustained an injury to his left eye while on duty and as a result of which he was declared unfit for duty by the medical board, the court observed that âthe extraordinary central civil service pension rules nowhere provide that a person with a disability of less than 60 percent was not eligible for the granting of benefits under them.
The court further observed that âit is not disputed that the appellant suffered from a disability of 40% as a result of an eye injury which he suffered. Since the Appellant was 40 percent disabled, his claim was denied on that ground alone.
A simple reading of the provisions of the Central Service Extraordinary Pensions Regulations makes it clear that for each percentage of disability, the disability pension is payable, but the rates and incidence are different depending on the rules. By virtue of this, the percentage of invalidity to be taken into account for the calculation of the invalidity element was prescribed and even in cases of invalidity assessed by the medical board at less than 50 per cent, the same should be calculated at 50 percent.
The court further found that the appellant was entitled to a disability pension in addition to his service pension.