[2025:RJ-JP:36721-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 1678/2012 1. The Union Of India, Through Secretary To The Govt. Of India, Ministry Of Home Affairs, 10-Cgo Complex, New Delhi-110003 2. The Director General, Border Security Force, Hq Dg Bsf, Block 10, Cgo Complex, Lodhi Road, New Delhi-110003 3. The Commandant Basic Training Centre, TC & S BSF,, Meru Camp, Hazaribag Jharkhand ----Appellants Versus Ex.-Rect, Jai Prakash Son Of Shri Kabul Chand Yadav, aged about 25 years,, Village Kayampurawas, Po-Banethi, Distt-Jaipur Raj. Ex-Basic Training Centre TC & S BSF, Meru Camp, Hazaribaagh ----Respondent For Appellant(s) : Mr. Ram Singh Bhati, Adv. For Respondent(s) : Mr. R.S. Bhadauria, Adv. HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 10/09/2025 1. The issue raised in the present appeal is no more res integra in view of the judgment passed by the Hon’ble Supreme Court in the case of Union of India & Ors. Vs. P.A. Thomas: Special Leave to Appeal No.20339/2011, wherein the Hon’ble Supreme Court held as under:- “In our previous order dated 10.5.2018, we had recorded that benefits as claimed have been conferred to the respondent, but a larger question did arise in the case, which was recorded in the said order in the following terms:- “Rule 38 of the Central Civil Services (Pension) Rules, 1972 has been amended on 30.09.2016. By virtue of the amendment made persons who suffer disabilities while in service, if given the benefit under Section 47 of the Persons with Disabilities (Equal Opportunities, SLP(C) 20339/2011 Protection of Rights and Full Participation) Act, 1995 (for short, ‘Disabilities Act’) would henceforth be governed under the provisions of Section 47 of the Disabilities Act subject to production of a disability certificate from the competent authority as prescribed under the Act. [2025:RJ-JP:36721-DB] (2 of 3) [SAW-1678/2012] However, Rule 38(2), as amended, provides that if such employees to whom the provisions of Section 47 of the Disabilities Act are not applicable and such person retires from service on account of bodily or mental infirmity which permanently incapacitates him for service, he may be granted invalid pension or service gratuity in accordance with Rule 49 of the Pension Rules depending upon the length of his qualifying service on the date of retirement. The matter needs clarification and in our considered view, by the Government. If on sustaining incapacity while in employment alternative employment under Section 47 of the Disabilities Act is guaranteed in cases of permanent incapacity should grant of invalid pension be contingent on completion of any particular length of service. Rather would such length of service be relevant for computation of quantum of invalid pension. The learned Additional Solicitor General has submitted that the matter may be adjourned for a period of three months to enable the concerned authority in the Union of India to deal with the matter and pass appropriate orders/clarifications as may be considered necessary. List the matter after three months.” Rules 38 and 49 of the Central Civil Services (Pension) Rules, 1972 have been amended on 4.1.2019 in the following manner:- ”2. In the Central Civil Services (Pension) Rules, 1972 – (i) in rule 38, for sub-rule (1) and sub-rule (2), the following sub-rules shall respectively be substituted, namely:- “(1) The case of a Government servant acquiring a disability, where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 SLP(C) 20339/2011 (49 of 2016) are applicable, shall be governed by the provisions of the said section: Provided that such employee shall produce a disability certificate from the competent authority as prescribed under the Rights of Persons with Disabilities Rules, 2017. (2) If a Government servant, in a case where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016(49 of 2016) are not applicable, retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service, he may be granted invalid pension in accordance with rule 49: Provided that a Government servant, who retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service of ten years, may also be granted invalid pension in accordance with sub-rule (2) of rule 49 subject to the conditions that the Government servant- (a) has been examined by the appropriate medical authority either before his appointment or after his appointment to the Government service and declared fit by such medical authority for Government service; and [2025:RJ-JP:36721-DB] (3 of 3) [SAW-1678/2012] (b) fulfills all other conditions mentioned in this rule for grant of invalid pension“; (ii) in rule 49, for sub-rule (2), the following sub-rule shall be substituted, namely:–“(2) Subject to the proviso to sub-rule (2) of rule 38, in the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than ten years, the amount of pension shall be calculated at fifty per cent of emoluments or average emoluments, whichever is more beneficial to him, subject to a minimum of nine thousand rupees per mensem and maximum of one lakh twenty five thousand rupees per mensem.”” The said amendments having been placed before the SLP(C) 20339/2011 Court, the Court was of the view that further clarification was required which has now been made by a clarificatory Office Memorandum bearing No. 21/01/2016- P&PW(F) dated 12.2.2019 in the following terms:- “2. In this connection, it is clarified that the condition of qualifying service of ten years for grant of pension under Rule 49(2) of the CCS (Pension) Rules, 1972 shall not be applicable in the case of a Government servant retiring on Invalid Pension on account of any bodily or mental infirmity, under Rule 38. Accordingly, Invalid Pension at the rate of 50% of emoluments or average emoluments, whichever is more beneficial, subject to a minimum of nine thousand rupees per mensem and maximum of one lakh twenty five thousand rupees per mensem, shall be payable to a Government servant who retires under Rule 38 of CCS (Pension) Rules, 1972 even before completing a qualifying service of ten years.” Having perused the aforesaid clarification, we are of the view that the matter now stands adequately covered and would be governed by provisions of the amended Rules 38 and 49 of the Central Civil Services (Pension) Rules, 1972, which would be applied to all eligible cases. The special leave petition consequently shall stand disposed of in the above terms. Pending interlocutory applications, if any, shall stand disposed of.” 2. In view of the above, the present special appeal(writ) preferred by Union of India & Ors. against the order dated 27.08.2012 passed by learned Single Judge directing to provide invalid pension to the petitioner within 90 days, is found to be without force. 3. Accordingly, the present Special Appeal (Writ) is dismissed. 4. Pending application(s), if any, stand disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J HEENA/MAHIMA/15