- (1.)Vide the present petition, petitioner seeks following relief(s):
"(a) issue a writ of mandamus or other appropriate writ(s) commanding the respondent authorities to grant the Disability Pension in light of circular no. E/TPC/70/Pension, dtd. 19/9/1978 plus Constant Attendant Allowance (CAA) at the rate applicable from time to time as provided in the rule 10(4) r/w 10 A of the Railway Services (Extraordinary Pension) Rules 1993 AND;

(b) direct the Respondents to make payment of apposite lump sum at the revised rate of Rs.750.00 effective from the year 1986 after deducting the amount of Rs.80010.00 paid previously on account of Injury pension and further to pay gross amount of the said lump sum calculated and revised every 15 years (falling due on 29/10/2002 and 29/10/2017) in the light of the above said circular applicable in the case of the petitioner AND;

(c) directing the Respondents to make payment of admissible disability pension for the period 28/6/1989 - 25/12/1989 approved by the Railways Board AND;

(d) directing the Respondents to make payment of Disability pension plus CAA from the day the petitioner retired from service i.e. 15/12/2017 or the day when the rule came in vogue whichever is earlier AND; (e) May pass such other order(s) in favor of the petitioner the Hon'ble Court may deem fit and proper."

(2.)Learned counsel for the petitioner submits that petitioner was appointed as Constable in RPSF on 17/8/1977 and was transferred to RPF Divisional Railway, Danapur in the year 1983. On 28/10/1987-29/10/1987, while inspecting trains at 00:30 hrs, petitioner met with an accident to the extent of loss of limbs, i.e. left arm and left leg above knee. On 28/6/1989, the petitioner was issued a certificate of 100% disability holding that he was fit for B-1 service and was unfit for all duties where active movement is required.
(3.)Petitioner made a representation dtd. 28/12/1993 for payment of disability benefits and ex-gratia for 100% disability before the Chief Security Commissioner, Eastern Central Railway, Dananpur, however, the same was rejected vide DEP no.19/94 dtd. 27/1/1994 holding that the disability pension would not be available to him since he had been retained in service and the ex-gratia would also be not available to him since the ex-gratia is paid to the dependents of a deceased employee.