ASHVINI KUMAR SHARMA vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1855/2023 ASHVINI KUMAR SHARMA .....Petitioner Through: Mr. J Sai Deepak, Sr. Adv. with Mr. Ankur Vyas, Ms. Garima Joshi, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Sushil Kumar Pandey, SPC with Mr. Ribhav Pandey, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 11.09.2025 C. HARI SHANKAR, J. 1. On 10 September 2024, a Coordinate Division Bench of this Court recorded as under: “1. By way of the present petition under Article 226 of the Constitution of India, the petitioner, who has superannuated from the Border Security Force (BSF) as a Deputy Inspector General (DIG), has approached this Court assailing the order dated 13.12.2022 passed by respondent no. 2 rejecting his claim for disability compensation, in lieu of disability pension for the disability from which he is suffering on account of the injury suffered by him in an IED blast in Jammu and Kashmir on 23.04.2001. 2. Learned counsel for the petitioner submits that the petitioner’s claim has been erroneously rejected by the respondents W.P.(C) 1855/2023 Signature Not Verified Page 1 of 20 Signed By:PREETI Signing Date:15.09.2025 19:30:22 under Rule 6 of the Central Civil Services (Extraordinary Pension) Rules, 1939 (“Rules”), without appreciating the fact that despite the disability from which the petitioner has been suffering on account of the injury suffered by him in April, 2001, he was retained in service and was, therefore, entitled to receive disability compensation at the time of his discharge from service, for which purpose he relies on Rule 9(4) of the Rules. He contends that the respondents are opposing the petitioner’s claim not only on the ground of the same being barred