JUDGMENT AND ORDER : Sanjeev Prakash Sharma, J. The original petitioner-Chhattar Pal, who died while the writ petition was pending on 12.7.2006 and is being represented through his widow and son, by this writ petition challenges decision of the respondent denying him grant of pensionary benefits. The denial is essentially on the basis of Government of India memorandum dated 14th April, 1987 which provides for grant of pension, retirement gratuity and family pension to Government of India employees who were in service as on 1st January, 1986 and who retired on superannuation or on being declared permanently incapacitated for further Government service by the appropriate medical authority after having rendered temporary/quasi/permanent service of not less than 10 years. 2. The petitioner (since deceased) was appointed on the post of Vehicle Mechanic on 1.8.1987 and, while on Government duty, met with an accident on 3rd March, 1998 and was incapacitated, on account of 100% disability that lead to wheel chair use for life, having suffered paralysis of both lower limbs. He was working with the paramilitary forces at that time with the GREF which maintains the border roads. The respondents filed reply to the writ petition and submitted that they had paid the compensation amount of about 1,07,640/-. In the additional reply, it has been stated that accident occurred while he was posted at Nagaland border area and was conducting checking of defects in the vehicle. 3. Counsel for the petitioner submits that the Person Disabilities (Equal opportunities) Act, 1995 was not in force at that time when the petitioner was denied pension. However, in view of the Act coming into force and in view of provisions of Section 47 of Act 1995 which provides to continue disabled person in service, the action of the respondents ought to be set aside. Either the petitioner should be treated to be continued in service by creating supernumerary post or by treating him notionally in service till he attains superannuation. It is submitted that the very object of Section 47 is to be made effective to all the existing person who have suffered disability during service. 4. Either the petitioner should be treated to be continued in service by creating supernumerary post or by treating him notionally in service till he attains superannuation. It is submitted that the very object of Section 47 is to be made effective to all the existing person who have suffered disability during service. 4. During the course of arguments learned counsel submitted that the Government of India has issued an Office Memorandum on 10th December, 2010 whereby the Office Memorandum dated 4th April, 1987 has already been modified several times and disability pension is admissible even to an employee, who may not have been completed 10 years of service. It is pointed out that according to earlier OM dated 3.2.2000 only service gratuity was admissible to Government of India employees with less than 10 years of qualifying service but the same has been reviewed, now vide OM dated 10th December, 2010. For ready reference OM dated 10th December, 2010 is quoted herein: OFFICE MEMORANDUM Subject: Special benefits in cases of death and disability in service - payment of disability pension/family pension - relaxation of qualifying service. The undersigned is directed to say that the scales of disability pension admissible under CCS (EOP) Rules were laid down in para 3 of Department of Pension & Pensioners' Welfare's O.M No. 45/22/97-P&PW(C) dated 3.2.2000 The said O.M dated 3.2.2000 was modified vide Department of Pension & Pensioners' Welfare's O.M No. 45/3/2008-P&PW (F) dated 18-11-2008. 2. The service element of the disability pension under Categories ‘B’ and ‘C of this Departments’ O.M No. 45/22/97-P&PW(C) dated 3.2.2000 is regulated by the CCS (Pension) Rules, 1972 and CCS (EOP) Rules, according to which only service gratuity is admissible to Government servants with less than 10 years qualifying service and pension is admissible for qualifying service of 10 years or more. The matter has been reviewed by the Government considering the hardships being faced by the disabled Govt. servants who have less than 10 years qualifying service at the time of discharge and it has been decided that the disability pension of Govt. servants who are discharged from Govt. The matter has been reviewed by the Government considering the hardships being faced by the disabled Govt. servants who have less than 10 years qualifying service at the time of discharge and it has been decided that the disability pension of Govt. servants who are discharged from Govt. service will be regulated as under: Disability Pension - for cases covered under categories ‘B’ and ‘C. (1) Disability pension comprising a service element equal to the retiring pension (@50% of the emoluments or average emoluments received during the last 10 months, whichever is more beneficial to the Government servant) and gratuity admissible under the CCS (Pension) Rules, 1972, plus disability element equal to 30% of basic pay, for 100% disability. There shall be no condition of minimum qualifying service for earning service element. No service gratuity would be admissible. The condition of minimum of qualifying service of 5 years for payment of gratuity would continue to be admissible/applicable in accordance with Rule 50 of CCS (Pension) Rules, 1972. (2) For disability less than 100%, disability element of disability pension shall be reduced proportionately. In cases of disability pension where permanent disability is not less than 60%, the disability pension (i.e. total of service element plus disability element) shall not be less than 60% of the reckonable emoluments last drawn subject to a minimum of Rs. 7000/- per month. Disability pension - For cases covered under Category ‘D’ (I) Disability pension comprising a service element equal to the retiring pension (@50% of the emoluments or average emoluments received during the last 10 months, whichever is more beneficial to the Govt. servant) and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in the normal course and disability element equal in amount to normal family pension subject to the condition that the aggregate of the service and disability element shall not be less than 80% of the pay last drawn, for 100% disability. There shall be no condition of minimum qualifying service for earning service element. No service gratuity would be admissible. (2) For lower percentage of disability, the disability element shall be proportionately lower as at present subject to the broad banding of percentage of disability as in OM dated 3/2/2000. There shall be no condition of minimum qualifying service for earning service element. No service gratuity would be admissible. (2) For lower percentage of disability, the disability element shall be proportionately lower as at present subject to the broad banding of percentage of disability as in OM dated 3/2/2000. Disability pension - For cases covered under Category ‘E’ (1) Disability pension comprising a service element equal to the retiring pension (@50% of the emoluments or average emoluments received during the last 10 months, whichever is more beneficial to the Govt. servant) and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in the normal course and disability element equal to pay last drawn. There shall be no condition of minimum qualifying service for earning service elements. No service gratuity would be admissible. The condition that the aggregate of the service and disability elements shall not exceed the pay last drawn for 100% disability-stands withdrawn w.e.f. 1.7.2009 (2) For lower percentage of disability, the disability element shall be proportionately lower as at present subject to the broad banding of percentage of disability as in OM dated 3.2.2000 3. Other terms and conditions in the CCS (EOP) Rules and Liberalized Pensionary Awards Scheme which are not specifically modified by these orders shall continue to remain operative. 4. These orders will be effective from 01.01.2006 5. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O NO. 515.EV/2010 dated 26.10.2010 6. In so far as persons belonging to the Indian Audit & Accounts Department, these orders issue after consultation with the Comptroller & Auditor General of India. 5. From above, it is apparent that notification has been made effective from 1.1.2006 and the petitioner expired on 12th July, 2006 and therefore his disability pension was required to be paid in terms of aforesaid OM of Government of India and was entitled to pension and other benefits. In view of the aforesaid OM having been issued, the question of treating the petitioner's case in terms of the Act of 1995 need not be gone into more so as the petitioner is not alive. Essentially question remains of granting family pension to the family of the deceased petitioner. 6. In view of the aforesaid OM having been issued, the question of treating the petitioner's case in terms of the Act of 1995 need not be gone into more so as the petitioner is not alive. Essentially question remains of granting family pension to the family of the deceased petitioner. 6. Accordingly the writ petition is allowed. The respondents are directed to comply with the OM dated 10.12.2010 of Government of India in relation to the deceased petitioner and further also to release the pension and family pension. The computation and calculation thereof shall be conducted within a period of three months and the amount of arrears shall be released accordingly. Interest with effect from 1.1.2006 shall also be payable to the widow of the petitioner @9% per annum. It is made clear that the petitioner shall be free to initiate contempt proceedings if the compliance is not made within aforesaid without further notice. 7. No costs.