All the four writ petitions mentioned in the title carry a common point of 'law, as such are proposed to be decided by this single order.
2. The facts are that the writ petitioners were employees under the respondents and had put in more than 10 years of service and were subscribers to the Benevolent Fund. They retired from the Government service on the ground of invalidation. They claim monthly grant under Rule 4(d) of the Punjab Government Servants Benevolent Fund, Part II (Disbursement) Rules, 1966 read with section 4 of (The Punjab) Government Servants Benevolent Fund Ordinance, 1960.
3. The respondents refused the grant vide impugned order on the ground that their case did not fall in the category of diseases specified by the Provincial Board contained in Letter No.B.F.95/91, dated 14-10-1991.
4. The petitioners have challenged the impugned order on the ground that they were examined by Special Medical Board and were found to be completely and permanently incapacitated for further service of any kind. It was, therefore, submitted that the petitioners were entitled to benefits of the aforesaid provisions of law which clearly stated that the Fund shall be utilized for giving financial assistance to Government servants invalidated out of service. It was further contended that no policy could be framed by the respondents against section 4 of the Ordinance (ibid).
5. Learned counsel for the respondents agreed that a policy cannot be framed inconsistent to the statutory provisions but the Government may specify the category of invalidation on the basis of which monthly grant could be given to a retiring Government servant.
6. I have considered the foregoing submissions and have also gone through the record. The petitioners have claimed benefit under section 4(a)(ii) of the Ordinance (ibid). For convenience sake, it is reproduced as under:-- ---Giving financial assistance to Government servants, invalidated out of service.--- The Government is given power to make rules under section 7 of the Ordinance and as such the Punjab Government Servants Benevolent Fund, Part II (Disbursement) Rules, 1966 were framed. The relevant rule for the purpose of this case is rule 4(d) which runs as follows: "If a Government servant is invalidated or dies during service or the death occurs within 15 years after his retirement, he or his family as the case may be shall be entitled to a monthly grant..."
The perusal of above provisions of law will show that invalidation is not defined anywhere though a policy was framed which has been placed on record as Annexure 'E' which is Office Circular No. BF- 95/81, dated 14-10-1991, whereby invalidation has been categorised as ' A' , ' B' and ' C' . The monthly grant from the benevolent fund is made admissible only to the Government servants whose disability has been categorised as ' A' i.e. Who have been completely and permanently incapacitated for further service of any kind. It is thus obvious that if the disability or the invalidation of Government servant is held to be complete and permanent by the Medical Board, then the same will be covered by the word 'invalidation', reckoned by the rules, referred to above.
The other kinds of disabilities described in para. 3 of the aforesaid office circular will be in addition to the complete and permanent disability and would fall in Category ' A'.
7. Keeping in view the above facts it is to be seen if the petitioners are entitled to the monthly grant from Benevolent Fund on account of their complete and permanent invalidation. The invalidation certificate issued by the standing Medical Board shall have to be referred. The report of the Board is as follows in each case:-- ---Completely and permanently incapacitated for further service of any kind.---
8. It is clear from the report of the Board that each of the petitioner has been held completely and permanently invalid for continuation in service of any kind. It suffices the requirement of Ordinance end the rules (ibid) so as to entitle the petitioners in each case to their prayer for monthly grant out of the Benevolent Fund. The impugned order passed in each case is, therefore, illegal, arbitrary and capricious, besides being beyond the scope of law. All the aforesaid writ petitions are accordingly accepted. The impugned order in each case is set aside with the direction that the petitioner in each case shall be entitled to monthly grant as laid down in rule 4 (d) (ibid).
9. The parties are, however, left to bear their own costs.