Paramilitary soldier entitled to disability pension despite voluntary retirement: HC
Chandigarh: The
Punjab and Haryana high court
has ruled that a
paramilitary soldier
suffering from a serious illness is entitled to a
disability pension
even if he opts for voluntary retirement.The
CRPF
had denied disability pension to
Lance Naik Ashok Kumar
, who developed colour blindness due to a prolonged eye condition, on the grounds that he took voluntary retirement rather than being medically discharged.Holding that the soldier's deteriorating eyesight — including total vision loss in his right eye— would have impaired his ability to perform duties, the court said that the CRPF was required to take immediate and appropriate steps, but there was an unexplained and inordinate delay.
"The said delay in decision-making certainly can be perceived as a sufficient ground to compel any person to take voluntary resignation and should not be perceived as an act of volition. Hence, the reasons cited by CRPF for denial of the medical disability benefits to the petitioner on the ground that the petitioner submitted his application for voluntary resignation and it was not a case of invalidation out of service on account of medical disability do not appear to be legally valid and sustainable," the court ruled.Justice Vinod S Bhardwaj passed the orders on Kumar's petition challenging the May 19, 2017, order passed by the CRPF DGP rejecting his claim for a disability pension.Kumar, enrolled in the CRPF on June 15, 1985, served in the 13th Battalion. While posted in Manipur in 2000, he was diagnosed with Retro Bulbar Neuritis in the right eye, a progressive condition that led to vision loss. In March 2005, he was declared medically unfit during an annual medical exam. However, his case was kept for review after one year with a recommendation that he be put on light duty.The petitioner's counsel, Rajesh Sehgal, contended that regulations of CRPF DGP mandate that a high grade of colour perception is essential for service in the central police forces, and a person falling under a numerical grading E-5 is permanently unfit for service.Sehgal contended that despite the petitioner being declared medically unfit on account of being in E-5 category, the CRPF did not invalidate the petitioner from service.The Rehabilitation Board, in its meeting on March 5, 2009, eventually recommended the case of the petitioner for invalidation. The authorities, however, still did not order his discharge, leading to the petitioner submitting an application on April 22, 2009, for voluntary retirement, which was accepted.Responding to the plea, the counsel for the central govt stated that in order to determine the actual admissible benefits to an employee who suffers from a disability, his medical examination was required to assess his disability, and since the petitioner was discharged on the ground of his voluntary resignation, his permanent disability was not assessed.After hearing all the parties, the court quashed the CRPF order rejecting his medical disability pension. The court directed the CRPF to assess the admissible benefits payable to the petitioner on the basis of the medical report.
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Chandigarh: The Punjab and Haryana high court has ruled that a paramilitary soldier suffering from a serious illness is entitled to a disability pension even if he opts for voluntary CRPF had denied disability pension to Lance Naik Ashok Kumar , who developed colour blindness due to a prolonged eye condition, on the grounds that he took voluntary retirement rather than being medically that the soldier's deteriorating eyesight — including total vision loss in his right eye— would have impaired his ability to perform duties, the court said that the CRPF was required to take immediate and appropriate steps, but there was an unexplained and inordinate delay. "The said delay in decision-making certainly can be perceived as a sufficient ground to compel any person to take voluntary resignation and should not be perceived as an act of volition. Hence, the reasons cited by CRPF for denial of the medical disability benefits to the petitioner on the ground that the petitioner submitted his application for voluntary resignation and it was not a case of invalidation out of service on account of medical disability do not appear to be legally valid and sustainable," the court Vinod S Bhardwaj passed the orders on Kumar's petition challenging the May 19, 2017, order passed by the CRPF DGP rejecting his claim for a disability enrolled in the CRPF on June 15, 1985, served in the 13th Battalion. While posted in Manipur in 2000, he was diagnosed with Retro Bulbar Neuritis in the right eye, a progressive condition that led to vision loss. In March 2005, he was declared medically unfit during an annual medical exam. However, his case was kept for review after one year with a recommendation that he be put on light petitioner's counsel, Rajesh Sehgal, contended that regulations of CRPF DGP mandate that a high grade of colour perception is essential for service in the central police forces, and a person falling under a numerical grading E-5 is permanently unfit for contended that despite the petitioner being declared medically unfit on account of being in E-5 category, the CRPF did not invalidate the petitioner from Rehabilitation Board, in its meeting on March 5, 2009, eventually recommended the case of the petitioner for invalidation. The authorities, however, still did not order his discharge, leading to the petitioner submitting an application on April 22, 2009, for voluntary retirement, which was to the plea, the counsel for the central govt stated that in order to determine the actual admissible benefits to an employee who suffers from a disability, his medical examination was required to assess his disability, and since the petitioner was discharged on the ground of his voluntary resignation, his permanent disability was not hearing all the parties, the court quashed the CRPF order rejecting his medical disability pension. The court directed the CRPF to assess the admissible benefits payable to the petitioner on the basis of the medical report. Get the latest lifestyle updates on Times of India, along with Mother's Day wishes , messages , and quotes !
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