Court Rules Termination Without Permanent Incapacity Declaration Violates Article 21; Orders Fresh Consideration of Rehabilitation Claims Under S.O.-04/2011 and Pension Rules
In a significant judgment delivered on August 25, 2026, the Gauhati High Court Division Bench has reinforced the protection of rights for temporarily appointed personnel of the Central Reserve Police Force (CRPF), who suffer disabilities during training. The Court set aside the termination order of Mustaque Ahmed, a temporary CRPF Constable (General Duty), who was injured during his training and had his service terminated without a competent authority declaring him permanently incapacitated for service.
Mustaque Ahmed joined the CRPF as a temporary constable in January 2011 and was undergoing training at the CRPF Training Centre, Neemuch, Madhya Pradesh. During training, he sustained serious injuries to both knees, resulting in prolonged hospitalization and repeated medical treatment. Despite receiving a fitness certificate in March 2012, the injuries persisted, leading to further hospital admissions and eventually a Medical Board opinion in March 2015 that he was unfit for strenuous physical activity.
Subsequently, the Commandant issued a termination order in April 2015 under the Central Civil Services (Temporary Service) Rules, 1965. The order was later amended but did not follow the mandatory procedure requiring a declaration of permanent incapacity by a competent medical authority. Mr. Ahmed's appeal against the termination was dismissed on the ground that no appeal lay under Rule 6 of the 1965 Rules.
The petitioner approached the Gauhati High Court via a writ petition challenging the denial of rehabilitation benefits under Standing Order No. 04/2011 (S.O.-04/2011), which provides for rehabilitation of disabled CRPF personnel, and also sought disability pension under the Central Civil Services (Extraordinary Pension) Rules, 1939.
The Departmental Rehabilitation Board had rejected Mr. Ahmed’s claim on the basis that he had not completed his basic training, was physically unfit for any subsidiary role in the CRPF, and that monetary compensation was impermissible under the rules. The Court, however, rejected these grounds, emphasizing that Mr. Ahmed was a member of the CRPF from the date of his appointment and his temporary status did not negate his entitlement to benefits. The non-completion of training due to injury did not disqualify him from rehabilitation.
The Court held that the termination order was unsustainable as it lacked the prerequisite declaration of permanent incapacity by a competent authority. The rejection of rehabilitation benefits on the ground of non-completion of training was also found to be erroneous. The Court further observed that such termination violated Article 21 of the Constitution, which guarantees the right to life and livelihood, as no proper procedure was followed to assess permanent incapacity.
Relying on Section 2(d) of the CRPF Act, 1949, and the 1965 Rules, the Court affirmed that the respondent was entitled to be treated as a member of the Force and to receive benefits applicable to disabled personnel. The Court also distinguished the present case from the Supreme Court decision in Mukul Saikia v. State of Assam (AIR 2009 SC 747), stating that the principles laid down therein were not applicable given the facts and submissions in this case.
The Court directed the respondent authority to reconsider Mr. Ahmed’s rehabilitation claim and entitlement to disability pension under the relevant schemes and rules, including the Government Office Memorandum dated August 4, 2017, related to disability and ex-gratia compensation. A fresh speaking order was to be passed within six weeks from receipt of the certified copy of the judgment.
The intra-court appeal filed by the Union of India and others was dismissed, upholding the learned Single Judge’s order granting relief to Mr. Ahmed.
This ruling sets a precedent ensuring that temporary employees of paramilitary forces who sustain injuries during service, even before formal completion of training, cannot be summarily terminated without due medical determination of permanent incapacity and are entitled to rehabilitation and disability benefits under existing laws and schemes.
Bottom Line:
A temporary employee in the Central Reserve Police Force (CRPF) who suffers disability during training and is not declared permanently incapacitated for service by a competent authority is entitled to benefits under the Rehabilitation Scheme (S.O.-04/2011) and the Central Civil Services (Extraordinary Pension) Rules, 1939.
Statutory provision(s):
Central Civil Services (Temporary Service) Rules, 1965, Standing Order No. 04/2011 (S.O.-04/2011), Central Civil Services (Extraordinary Pension) Rules, 1939, CRPF Act, 1949 (Section 2(d)), Article 21 of the Constitution of India, Government Office Memorandum dated 04.08.2017 (Ministry of Home Affairs)
Union of India v. NO 115330082 EX RT/GD Mustaque Ahmed, (Gauhati)(DB) : Law Finder Doc Id # 2968645
