After 43 years, Rajasthan High Court orders Centre to release pension to kin of cop discharged over chronic bronchitis
Denial of pension benefits solely on the ground that the employee had not completed 10 years of service was legally unsustainable, the Rajasthan High Court ruled.
6 min readNew DelhiUpdated: Feb 14, 2026 10:42 AM IST
The court noted that the CRPF constable suffered from “chronic bronchitis with airway obstruction” and was discharged from service based on his invalidation. (Representational image generated using AI)
After a delay of 43 years, the Rajasthan High Court has directed the Centre to release pensionary benefits to the family of a Central Reserve Police Force (CRPF) constable whose services were invalidated on medical grounds in 1973, stating that a person discharged due to invalidation, even before the completion of 10 years of service, is entitled to pension.
Justice Praveer Bhatnagar was hearing a petition filed by the legal heirs of the late Bhagirath Singh and directed on February 3 that denial of pension solely on the ground that the employee had not completed 10 years of service was legally unsustainable.
“Even before the expiry of 10 years, if a person is discharged from service on the ground of invalidation, they are entitled to the pensionary benefits,” the court said, referring to the Supreme Court’s and its own verdict.
The Rajasthan High Court directed the respondents to release the pension to the legal heirs of the deceased petitioner within two months. (Image enhanced using AI)
Key observations
Under Rule 49(2) of the Pension Rules of 1972, a person who has been discharged from services, even before completing a qualifying service of 10 years, is entitled to the grant of pension.
The writ petition is allowed.
The respondents are directed to consider the petitioner’s claim and release the pension to the legal heirs of the deceased petitioner within two months.
Based on the medical opinion of the medical board, the petitioner’s services were discharged on October 20, 1973.
The fact unequivocally states that the petitioner’s service was discharged based on his invalidation during the course of employment.
Bhagirath Singh’s discharge was involuntary, medically certified, and occurred during active service, squarely attracting Rule 49(2) of the Pension Rules.
The court noted that Singh was initially appointed as a constable in the State Reserve Police Force on September 1, 1964, after clearing a medical examination.
There was no dispute that he was medically fit at the time of induction.
The ailment that led to his discharge developed during the course of service, and his invalidation was based on the opinion of a duly constituted medical board.
Government’s objection: No 10 years’ qualifying service
Opposing the petition, the Centre argued that Singh was not entitled to pension under Rule 49(2) of the Central Civil Services (Pension) Rules, 1972, as he had not completed the mandatory 10 years of qualifying service.
It was also contended that the petitioner had sought disability pension and not an invalid pension, and therefore, no relief could be granted.
Rejecting the objections, the high court relied on the Supreme Court’s ruling in Union of India v P A Thomas (decided on 14 March 2019), in which the top court categorically held that employees discharged due to permanent medical incapacity are entitled to invalid pension even if they have not completed 10 years of service.
The court also referred to a coordinate bench judgment in Kharta Ram v Union of India, which had applied the same principle.
All pending applications were disposed of accordingly.
Rule 49(2) of the CCS (Pension) Rules, 1972
The rules mandate that a government servant with at least 10 years of qualifying service is eligible for a pension, calculated at 50% of their emoluments or average emoluments, whichever is more beneficial.
This rule defines the calculation method for the final pension amount based on service length.
Key aspects of Rule 49(2) include the following aspects,
A minimum of 10 years of qualifying service is required.
The pension is calculated at 50% of the last 10 months’ average emoluments or the last pay drawn, whichever is more beneficial.
The final calculated pension is rounded off to the next higher rupee if it contains a fraction.
The rule applies to regular employees who have completed the necessary qualifying service.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
Expertise
Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:
Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability.
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Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More
The Rajasthan High Court directed the respondents to release the pension to the legal heirs of the deceased petitioner within two months. (Image enhanced using AI)