Brief facts which are necessary for disposal of this appeal are that the respondent herein was selected and appointed as Armed Constable in the Central Reserve Police Force.
The respondent also made a representation with regard to recovery of Rs.22231/ .
But there also he companyld number secure one as he was found invalid.
This was rejected on the ground that the respondent had been overpaid with respect to the period he remained under treatment and medical examination.
But by order dated 28.2.1996 the High Court directed that the representation of the respondent for separate pension be companysidered in accordance with rules.
He was diagnosed as a patient of Pyrogenic Meningitis with B.I. Sensonery Deafness.
The respondent thus approached the High Court again by filing the present writ petition and claimed for invalid pension.
Consequently, he was referred to S.M.N.S.Hospital and was admitted there from 19.1.1990 to 14.2.1990 and thereafter at the Base Hospital 1, New Delhi and All India Institute of Medical Sciences, New Delhi from 17.3.1990 to 16.4.1990 for investigation and treatment.
The respondent filed S.C.A.No.
Despite medical treatment at various hospital, the respondent companyld number be cured and he was declared unfit for active duty.
Aggrieved against this impugned order the present appeal was filed by the appellants.
Thereafter, he was posted at Srinagar Jammu Kashmir for the protection of citizens against terrorists.
The Division Bench after companysidering Rule 38 which deals with the invalid pension took the view that since the respondents invalidity was 100 per cent, therefore he was entitled to invalid pension and the companydition of ten years of qualifying service companyld number be invoked so as to deny the respondent the invalid pension.
12432 of 1994 before the High Court of Gujarat praying for invalid pension.
While on duty due to heavy snowfall in Srinagar he suffered from Pyrogenic meningitis and neurosensory deafness bilateral .
Pursuant to that direction, respondents representation was companysidered and was rejected by order dated 26.4.1996.
He was posted at Amritsar Punjab in the Anti terrorist squad.
Finally he was invalidated from service on 1.7.1991 F.N. vide office order dated 27.6.1991 passed by the Group Commander, CRPF, Gandhinagar.
The respondent requested for invalid pension but that was rejected on the ground that he had number companypleted the qualifying service of ten years.
But he has been given service gratuity of Rs.4,140/ apart from a recurring payment of Rs.1000/ per month from Risk Fund for life vide order dated 12.12.1991.
This was opposed by the appellants that the respondent is number entitled to invalid pension as per Central Civil Services Pension Rules, 1972, since he had number companypleted ten years of service.
It was also observed that the respondents case for separate entitlement to invalid pension was distinct from the entitlement from the risk fund and if the entitlement from the risk fund was the same as invalid pension, reasoned order be passed in that respect.
His case was referred for companysideration whether he companyld do alternative job.
K. MATHUR, This appeal is directed against the order passed by the Division Bench of the High Court of Gujarat at Ahmedabad whereby the Division Bench of the High Court has set aside the order passed by the Additional Deputy Inspector General of Police, Central Reserve Police Force, for short, CRPF , Group Centre, Gujarat, Gandhi Nagar dated 26.4.1996 and held that the respondent is entitled to invalid pension which may be calculated in accordance with rules and paid to him within three months along with interest at the rate of 9 per cent from 1.9.1991.
