The Delhi High Court opined that the Authority has to satisfy itself there is nexus/casual connection of disablement/death with Government service on the basis of medical and other documents produced by the employee.
In the present case, it was noted that the Petitioner suffered injury during employment, however, merely because of this, it cannot be said that the injury is attributable or stands aggravated by the service conditions. The emphasis was laid on cogent evidence being produced in this regard.
The Bench ruled that the burden had to be discharged by establishing that the onset of disease bore a causal connection with the injury due to bull hit in 1984 and further the service conditions aggravated the same.
Brief Facts:
The present writ petition has been filed against the order of the Central Administrative Tribunal vide which the claim of the petitioner seeking handicapped allowance, disability pension and constant attendance allowance was dismissed.
Brief Background:
The Petitioner was absorbed as a Constable and was medically fit. However, in 1984, he was hit by a bull during his duty and thereafter could only walk with a stick. The condition worsened and the Petitioner then had to use a wheelchair.
The disability was at 75% permanent physical impairment.
Therefore, the Petitioner claimed disability pension and Constant Attendant Allowance, however the same was rejected. Hence, the present matter.
Contentions of the Petitioner:
It was argued that the disability occurred during the course of duty and relying on medical records, disability pension was claimed.
Contentions of the Respondent:
It was contended that the Petitioner retired in 2010 and therefore, was granted pension on superannuation w.e.f. 2011. The claims by the Petitioner were made in 2018 and further no evidence of being hit by a bull was produced.
Observations of the Court:
It was opined that as per Rule 9 of CCS (EOP) Rules, 1939, when ‘disablement’ of a government servant is conceded as due to government service in terms of Rule 3-A, he shall be awarded “disability pension” or lump sum pension, in accordance with the percentage of disability as certified by the Medical Authority.
It was further ruled that the disability pension which is in the form of Award, granted under CCS (EOP) Rules, 1939 does not affect any other pension or gratuity for which the government servant concerned may be eligible under any other Rules.
The Court held that the Authority has to satisfy itself there is nexus/casual connection of disablement/death with Government service on the basis of medical and other documents produced by the employee.
In the present case, it was noted that the Petitioner suffered injury during employment, however, merely because of this, it cannot be said that the injury is attributable or stands aggravated by the service conditions. The emphasis was laid on cogent evidence being produced in this regard.
The Bench ruled that the burden had to be discharged by establishing that the onset of disease bore a causal connection with the injury due to bull hit in 1984 and further the service conditions aggravated the same.
Noting that the present case falls under Category A, the Bench held that it was not a fit case for grant of disability pension under CCS (EOP) Rules, 1939.
The decision of the Court:
Accordingly, the petition was dismissed.
Case Title: Nawal Kishor v. Union of India & Anr.
Coram: Hon'ble Mr. Justice V. Kameswar Rao, Hon'ble Mr. Justice Anoop Kumar Mendiratta
Case No.: W.P.(C) 14194/2023
Advocate for Petitioner: Adv. Mr. Virendra Singh Tomar
Advocates for Respondent: Advs. Mr. Raj Kumar Yadav, Mr. Ravindra Vikram, Mrs. Avnish Ahlawat, Mrs. Tania Ahlawat, Mr.Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat,
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