Special Allowance for injury during Training period in CISF.
In this post we will discuss about the recent judgment of the Punjab and Haryana High court in which it stated that forces cannot deny special allowance to armed forces personnel injured during training.
HC: can’t deny special allowance to armed forces personnel injured during training
Injuries from traffic collisions, drowning, poisoning, falls or burns and violence from assault, self-inflicted violence or acts of war, kill >5 million people worldwide annually and cause harm to many more. They account for 9% of global mortality and for every death, there are dozens of hospitalisations, hundreds of emergency department visits, and thousands of doctors’ appointments. A large proportion of people surviving their injuries incur temporary or permanent disabilities. Of the estimated 10.3 million deaths that occurred in India in 2004, 1.1 million (11%) were due to injuries. However, for every death, nearly 20–30 people are likely to be admitted to hospital and 50–100 receive emergency care. In the Armed Forces context, the injuries can be classified as either due to enemy action (EA) or non-enemy action (NEA). Injuries NEA form an important cause of morbidity, mortality, and invalidments in the Armed Forces all over the world. However, studies have consistently shown that a lower proportion of traumatic deaths occur in Armed Forces as compared to same-age civilian populations.
The Punjab & Haryana HC has clarified that once an employee of the armed forces is injured during the course of training, the injuries would be attributable to service conditions & the forces can’t deny him any special allowances admissible for such injuries in future. In this case, the Centre had refused to grant constant attendance allowance, which is given to an employee who suffers 100% disability & is completely dependent on another person for help, to a Sonipat-based Central Industrial Security Force (CISF) jawan who had fallen from the roof of training centre. The ground taken by the central govt was that the Central Industrial Security Force (CISF) jawan was negligent on account of going to toilet from the rear window of training centre instead of the front window. The Centre also claimed that the injury was due to influence of sleep & not attributable to performance of duty during training activities. The matter reached the HC in form of a petition filed by Sahib Singh, a resident of Sonipat district. He was inducted as a constable in the Central Industrial Security Force (CISF), ministry of home affairs (MHA), on Aug 30, 1988. In 2001, he was detailed for promotion cadre course of assistant sub-inspector (executive) at regional training Centre, Barwaha in MP. He suffered an injury on Oct 25, 2001 due to falling from the 2nd floor of the barracks while he was going to toilet at night. He was admitted to hospital for treatment & thereafter, was retired on Oct 9, 2002 on medical grounds for being 100% disabled & was granted pension.
Concerned law and judgement
The petitioner, however, wanted to claim the constant attendance allowance on the basis of Rule 9A in Para 2(vi) of the Central Civil Services Rules for which notification was issued on Feb 15, 2011.The rule provides that the pensioners who are drawing disability pension for 100% disability & are completely dependent on others for day-to-day activities, shall also be granted constant attendance allowance in addition to disability pension. In this case the with regarding to the Rule 9A in Para 2(vi) the HC decided that the pensioners who are drawing disability pension for 100% disability & are completely dependent on others for day-to-day activities, shall also be granted constant attendance allowance in addition to disability pension.
This post was written by Jashanpreet Kaur.
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