Partly allowed

Govind Ballabh v. UOI and Anr.

Delhi HC1 Aug 2016W.P.(C)/988/2016

Case brief

AI extract

What is this about?

Petitioner, a BSF constable injured in service, sought disability pension but withdrew the instant writ petition, reserving the right to challenge the vires of Rule 2 of the Central Civil Services (Extraordinary Pension) Rules in a fresh petition.

What did the court decide?

Permission granted to withdraw the writ petition with the right reserved to file a fresh petition challenging the vires of Rule 2 of the Central Civil Services (Extraordinary Pension) Rules; original

Govind Ballabh Vs UOI and Anr. — Pension and Retirement Benefits | Delhi HC (2016)

¶1

$~21

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 988/2016

¶4

GOVIND BALLABH ..... Petitioner Represented by: Mr.Himanshu Mehra, Advocate.

¶5

versus

¶6

UOI AND ANR ..... Respondents Represented by: Mr.Vikram Jetly, Advocate with Mr.Arvind Sharma, Deputy Commandant/BSF.

¶7

CORAM:

¶8

HON’BLE MR. JUSTICE PRADEEP NANDRAJOG HON’BLE MS. JUSTICE PRATIBHA RANI

¶9

O R D E R % 01.08.2016

¶10

CM No.26967/2016

¶11

Allowed subject to all just exceptions.

¶12

CM No.26966/2016

¶13

Notice. Counsel as above accepts notice for the respondents.

¶14

For the reasons stated in the application the order dated July 12, 2016

¶15

is recalled and the writ petition is restored for hearing.

¶16

Application is disposed of.

¶17

W.P.(C) 988/2016

¶18

Appointed as a Constable in BSF, while on active duty, due to a grenade blast the petitioner received grievous injuries. The right leg had to be amputated. The petitioner was paid a disability compensation in sum of W.P.(C) 988/2016 Page 1 of 2

¶19

₹1,76,576/-. Serving for a few years thereafter the petitioner was opined to be suffering from such disability which necessitated his invalidation from service. The Department proceeded to invalidate the petitioner and paid him the pensionary dues. The petitioner claims entitlement to be paid disability pension and not invalid pension. The response of the respondents is that the Central Civil Services (Extraordinary Pension) Rules apply to all persons paid from civil estimates other than those whom the Workmen Compensation Act, 1923 applies.

¶20

Unless the petitioner challenges the vires of Rule 2 of Central Civil Services (Extraordinary Pension) Rules no relief can ensue to the petitioner. 3. Learned counsel for the petitioner seeks leave to withdraw the writ petition with right of the petitioner reserved to file a fresh petition claiming disability pension after challenging the vires of the Rule, existence whereof stands as a wall in front of the petitioner.

¶21

Granting permission as prayed for with liberty granted, the petition is dismissed as not pressed.

¶22

No costs.

¶23

PRADEEP NANDRAJOG, J.

¶24

PRATIBHA RANI, J.

¶25

AUGUST 01, 2016 ‘st’

¶26

W.P.(C) 988/2016

¶27

Page 2 of 2

Govind Ballabh v. UOI and Anr.

Case brief

What is this about?

What did the court decide?

Govind Ballabh v. UOI and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Helios Photo Voltaic Limited Vs Board for Industrial and Financial Reconstruction & Ors.

Sushil Bhaskar Vs M/S Rites Limited & Anr.

Yog Raj Khanna Vs N.D.M.C.

Standard Operating Procedure of the Income Tax Department Vs *

Prabhakar Kasana & Anr. Vs Divisional General Manager, Norhen Railways & Anr.

M/S Delhi House Society (Regd.) Vs Union of India & Ors.

Ashok Kumar. Vs Union of India and Ors.

Sam Higginbottom University of Agriculture, Technology & Science Vs University Grants Commission

M.V. Anjanaiah of Cisf Vs Union of India & Anr.

Samir Kumar Chakraverty & Ors. Vs Union of India & Ors.

PNB Housing Finance Limited Vs Union Bank of India & Ors.

M/S Narendra Precision Fasteners & Ors. Vs State Bank of India

Vimal Prakash Dubey Vs Union of India & Ors.

Suchendra Singh Vs Union of India & Ors.