LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jeyakumar (others)     28 January 2024

Apply for invalidation

Respected lawyers,

One of relative joined in the central government and served 16+ years. He was having Euthyroid since from 15 years of age. Euthyroid means having thyroiditis symptoms and throxin harmones are within range. After he joined the department, he was posted most hectic sections in the department continuously for two terms, i.e., 6 years inwhich first 3.5 years of service involved frequent touring, night work, insufficient sleep, untiming consumption of food, risk and anxiety, stress involved. Becoz of that service, he got his Euthyroid into Hashimoto's thyroitis, hypertension (200/110), depression,  anxiety ( anxiety attack also), severe gastritis, which are supposed to be attributable to service and aggrevated by service. Even though, his service in hectic sections and his present health conditions, he is again again posted in hectic section since because of working well. Two occasions, he registered his problems with department. Even one occasion, he requested for reversion of lower post. Now,  even at his age of 46, he is getting all of his symptoms aggravated by days by days. Now, he is at the crual grip of anxiety, BP, Depression, because of which, he is struggling to do work as well as daily life. Can he apply for invalidation of service. Thanks in advance.


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     28 January 2024

Invalid pension

(1)    Invalid pension may be granted if a Government servant retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service.

(2)    A Government servant applying for an invalid pension shall submit a medical certificate of incapacity from the following medical authority, namely :-

(a)a Medical Board in the case of a Gazetted Government servant and of a non-gazetted Government servant whose pay, as defined in Rule 9 (21) of the Fundamental Rules, exceeds 3[Two thousand and two hundred rupees] per mensem ;

(b)Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.

    NOTE 1. - No medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that the Head of his Office or Department is aware of the intention of the applicant to appear before the medical authority. The medical authority shall also be supplied by the Head of the Office or Department in which the applicant is employed with a statement of what appears from official records to be the age of the applicant. If a service book is being maintained for the applicant, the age recorded therein should be reported.

    NOTE 2. - A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.

(3)    The form of the Medical Certificate to be granted by the medical authority specified in sub-rule (2) shall be as in Form 23.

(4)    Where the medical authority referred to in sub-rule (2) has declared a Government servant fit for further service of less laborious character than that which he had been doing, he should, provided he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension.

Footnote : 2. Substituted by G.I., M.F., Notification No. F. 19 (3)-E. V (A)/74, dated the 29th January, 1976.
                3. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988.

jeyakumar (others)     28 January 2024

Yes sir. As per this provision, he can apply for invalidation. If he appears before Medical Board, I want to know whether the problems he is having , can be established? 

T. Kalaiselvan, Advocate (Advocate)     28 January 2024

He has to produce the documentary evidences to establish his medical ailments to the satisfaction of the medical board or the authorities concerned.

The law in this regard has been explained, the further steps are to be taken based on the guidelines provided. 

jeyakumar (others)     28 January 2024

Ok sir. Thanks for your guidance 

T. Kalaiselvan, Advocate (Advocate)     29 January 2024

You are welcome.   



Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register