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Patna High Court

Mon, 07/23/2012 - 12:48 -- admin


Babu Raj Paswan v. Union of India (UOI), Ministry of Home Affairs through its Secretary

2009 (57) BLJR 2982

CWJC No. 9006 of 2008

Decided On: 14.07.2009

Patna High Court

Judges: Navaniti Prasad Singh, J.

Facts: The petitioner was Constable general duty in the CRPF. He has been derostered and asked to proceed on invalidation pension having been visited with permanent physical disability. This was because in its report the medical board had pointed out that the disability was not acquired by the petitioner while performing his duties and thus he is not liable to get advantage of section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Hence, the present petition was filed.

Held: The Court held that the only thing required under section 47 is that a disability should have been acquired during the course of employment and not that disability must be caused as a consequence of duty which was to be performed. Therefore, the petitioner would be deemed in continuous service and would be entitled to all benefits in terms of Section 47 of the Act.

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