Bhelave Arvind Malchandra v. Union of India & Ors.

1. This petition has been filed by the petitioner praying for a direction to the respondents to release the disability pension in favour of the petitioner.

2. It is the case of the petitioner that the petitioner joined the Central Reserve Police Force (CRPF) on 15.03.2001, being completely healthy and fit for service. In the year 2015, he was reported to be suffering from Schizophrenia. He appeared before the Medical Invalidation Board on 12.09.2023, and it was reported that on account of the petitioner suffering from Schizophrenia, his disability is 90%, which is attributable to service. He was invalidated out from service vide Order dated 02.11.2023, however, in the Pension Payment W.P.(C) 15090/2024 Order bearing No. 239032405712, while granted the benefits of Invalidity Pension, did not given the benefits of Disability Pension to the petitioner.

3. Having considered the contents of the petition and the claim of the petitioner, we are of the opinion that the respondents should consider the present petition as a representation of the petitioner and decide the same in accordance with the law within a period of twelve weeks from today. In case the claim of the petitioner is found to be valid, the Pension Payment Order shall be suitably modified, and the arrears of pension shall be released to the petitioner forthwith. In case the order passed by the respondents is adverse to the interests of the petitioner, it shall be open to the petitioner to challenge the same in accordance with the law.

4. The petition is disposed of with the above direction and in the above terms.

5. We make it clear that we have not expressed any opinion on the merits of the case.

NAVIN CHAWLA, J SHALINDER KAUR, J OCTOBER 25, 2024 Click here to check corrigendum, if any