The Orissa High Court has quashed a 2011 order that denied disability pension to a retired Central Reserve Police Force personnel on the ground that schizophrenia was a “non-classified” disease, and has directed the authorities to sanction the pension and release the arrears.
Justice Biraja Prasanna Satapathy passed the order on October 1, 2026. The court held that the rejection was not sustainable in law, particularly because the Force’s own invalidation order of 1999 had already recorded the personnel’s entitlement to a 50 per cent disability pension, and that order was never modified or recalled.
Invalidated in 1999
The petitioner, a former CRPF employee, was allowed to retire on medical invalidation in 1999 after being diagnosed with schizophrenia. A medical board found him completely and permanently incapacitated for further service and recommended a disability pension of 50 per cent.
The CRPF order permitting his invalidation retirement specifically stated that he would be entitled to the disability pension from the date of invalidation.
Claim rejected in 2011
His claim was later rejected in 2011. The authorities held that schizophrenia was not a classified disease for the purpose of Extraordinary Disability Pension under the CCS (Pension) Rules, 1972, and that he had not completed the required 10 years of qualifying service. He was informed that he was entitled only to service gratuity, which had already been paid.
He challenged the 2011 rejection before the High Court, seeking that it be quashed and that his disability pension be released.
Original order never recalled
Justice Satapathy noted that the petitioner had been permitted to retire on medical invalidation precisely because of schizophrenia, on the medical board’s finding of permanent incapacity. The 1999 order had expressly stated that he was entitled to a 50 per cent disability pension from the date of invalidation.
“Taking into account the nature of the order passed and the grounds of rejection issued, this court is of the view that since the petitioner was allowed to take retirement on the ground of invalidation because of his…schizophrenia, on the ground that such a disease is not a classified disease, the petitioner’s claim could not have been rejected,” the court observed.
The court further held that, since the 1999 order clearly recorded the entitlement and had never been modified or recalled, the grounds on which the claim was rejected were not sustainable. The subsequent denial was also hit by the principle of promissory estoppel.
The High Court quashed the 2011 rejection and directed the authorities to allow the disability pension and release the arrears. Published reports of the judgment do not name the petitioner.
The ruling was reported by The Indian Express on October 6, 2026.
