← Library
High Court of Punjab and HaryanaCWP/4166/2024disposed of

Prem Chand v. Union Of India And ORS

2024-03-22Mr. Justice Jagmohan Bansal2 pages

CWP-4166-2024 2024:PHHC:041687 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-4166-2024 Date of Decision : 22.03.2024 PREM CHAND ... PETITIONER

Versus

UNION OF INDIA AND ORS ... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Ujwal Anand, Advocate for the petitioner.

Mr. Arihant Goyal, Sr. Panel Counsel for the respondents-UOI.

**** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking directions to the respondents to grant disability pension under Category 'E' instead of Category 'D' of CCS (Extraordinary Pension) Rules, 1939.

2.

The petitioner was enrolled on 07.07.1991 in CRPF as Constable. He on 25.02.1995 along with other members of Armed Forces was travelling by train No.5908 Brahmaputra Mail. A bomb blasted in the said train while it was passing through Assam bordering Nagaland. In the said incident, 06 officials were killed and 05 including the petitioner were seriously injured. The petitioner continued to perform his duties till 2021. The respondent vide order dated 29.01.2022 invalidated him because he was assessed 95% disability. He was granted extraordinary pension under Category 'D'.

3.

Mr. Ujwal Anand, Advocate submits that case of the petitioner falls under Category 'E' as contemplated by office memorandum dated 03.02.2000 Anju Goel 2024.04.01 11:09 I attest to the accuracy and integrity of this document Chandigarh

CWP-4166-2024 2024:PHHC:041687  (Annexure P-6) and 10.12.2010 (Annexure P-7) whereas respondent has wrongly classified him under Category 'D'. He has filed representation dated 29.09.2023 (Annexure P-9) but to no avail. He further submits that grievance of the petitioner, at this stage, would be redressed, if respondents are directed to consider representation of the petitioner in a time bound manner. 4.

Notice of motion.

5.

Mr. Arihant Goyal, Sr. Panel Counsel, accepts notice on behalf of respondents-UOI and submits that representation dated 29.09.2023 (Annexure P-9) of the petitioner would be decided within 3 months from today. 4.

In the wake of statement of counsel for the respondents-UOI, the instant petition stands disposed of.

(JAGMOHAN BANSAL) JUDGE 22.03.2024 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No  Anju Goel 2024.04.01 11:09 I attest to the accuracy and integrity of this document Chandigarh