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may 2007

Supreme Court of India · 2007-05-16

UNION OF INDIA vs BASHIRBHAI R. KHILIJI

Citation / case number
SC 2004/11765
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
BASHIRBHAI R. KHILIJI
Author
TARUN CHATTERJEE A.K.MATHUR
Bench
TARUN CHATTERJEE A.K.MATHUR

Judgment text excerpt

The Supreme Court upheld the High Court's decision granting invalid pension to the respondent under Rule 38 of the Central Civil Services (Pension) Rules, 1972, despite the respondent not completing ten years of service. The Court established that the condition of qualifying service could not be applied in cases of 100% disability resulting from injuries sustained while on duty. The Court ordered that the pension be calculated and paid along with interest at 9% from 1.9.1991, affirming the respondent's entitlement to invalid pension due to his permanent disability.

UNION OF INDIA vs BASHIRBHAI R. KHILIJI · Niyam