Delhi High Court Grants Lump Sum Compensation to BSF Constable for Service-Related Disability

 

In a significant ruling, the Delhi High Court directed the Union of India to provide lump sum compensation to Jagtar Singh, a retired Border Security Force (BSF) officer, who suffered permanent disability due to injuries sustained during a militant encounter in Jammu and Kashmir. The court's decision emphasized the importance of upholding the rights of service personnel and ensuring that delays in claiming benefits do not prejudice their entitlements.

Jagtar Singh joined the BSF in 1996 and later rose to the rank of Sub-Inspector. In 1993, while participating in a cordon and search operation in Jammu and Kashmir, he was shot in the face during a militant encounter. The injury resulted in the loss of vision in his left eye and fractures to several facial bones. Despite undergoing surgery, his condition deteriorated over time, leading to a 30% permanent disability assessment by a medical board in 2004. However, he continued to serve until his retirement in 2005. Upon retirement, he received his regular pension but was denied disability pension and ex-gratia compensation.

Aggrieved by the denial of benefits, Jagtar Singh approached the Delhi High Court under Article 226 of the Constitution, seeking redressal. He contended that his disability was directly attributable to his service, as confirmed by the medical board. He invoked Rule 3-A of the Central Civil Services (Extraordinary Pension) Rules, 1972 (CCS (EOP) Rules), which entitles personnel to compensation for disabilities incurred during service. Singh further argued that the delay in filing the petition should not bar his claim, citing the precedent set in Dharamvir Singh v. Union of India, where the Supreme Court held that a claim for disability pension is a continuing cause of action.

The Union of India opposed the petition, asserting that Singh had retired in 2005 and filed the petition only in 2019, thereby exceeding the five-year limitation period prescribed under Rule 6 of the CCS (EOP) Rules. The government contended that since Singh was not medically boarded out and had retired on superannuation, he was not entitled to disability benefits.

The Delhi High Court, comprising Justices Navin Chawla and Shalinder Kaur, rejected the Union's objections and granted the petitioner's claim. The court held that the delay in filing the petition could not be used to deny the entitlement to compensation, especially when the disability was service-related. The bench emphasized that the right to claim disability pension is a continuing right and that personnel should not be penalized for delays beyond their control.

The court directed the Union of India to provide lump sum compensation to Jagtar Singh under Rule 9(3) of the CCS (EOP) Rules, acknowledging that his disability was attributable to his service. This ruling underscores the judiciary's commitment to safeguarding the welfare of armed forces personnel and ensuring that they receive due benefits for injuries sustained in the line of duty.

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