R K APPA SON OF LATE YARALAKKAPPA Vs. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HOME AFFAIRS

JUDGEMENT

(1.) Aggrieved by the impugned order dated 06.01.2016 passed by the learned Single Judge in W.P.No. 56528 of 2015 by which the petition was dismissed, the writ petitioner is in appeal.

(2.) The petitioner who was working as Constable in Central Reserve Police Force (for short 'CRPF') filed the writ petition under Articles 226 and 227 of the Constitution of India praying to quash orders dated 11.10.2014 bearing No.P.VIII-8/2014-77-EC-II, order dated 11.12.2014 bearing No.R.XIII-14/2014-EC.3, and order dated 01.11.2015 bearing No.R.XIII-20/2015-Adm-7 passed by respondents No.6, 5 and 3 respectively and to direct the respondents to reinstate the petitioner back into the post held by him with continuity of service and all other consequential benefits, including arrears of salary from the date of compulsory retirement till the date of his retirement.

(3.) The petitioner states that he was appointed as Constable on 19.10.1991 in the CRPF by the third respondent. He has unblemished service record. While he was on duty on 26.01.2006 due to Gas Cylinder explosion he suffered injuries to his both legs. Both his legs were burnt from the bottom to thigh. In the year 2008, the petitioner was transferred to Ajmer, Rajasthan. On 16.01.2009, the Departmental Rehabilitation Board directed to assign only light duties to the petitioner till he is declared fit for other duties. In December 2013, the petitioner was transferred from GC 1, Ajmer to 83G Battalion in Tamil Nadu. In February 2014, he was transferred from 83G Battalion at Avadi, Tamil Nadu. On 17.02.2014, movement order was issued to the petitioner to report to duty at 77G Battalion. On 29.04.2014, the Unit Head called the petitioner for deputing him to Andaman and Nicobar island for discharging constable duties during Parliament Election. The petitioner, due to his health condition requested for exemption from going to Andaman and Nicobar islands. The petitioner was taken to 6th respondent, before whom the petitioner explained his health condition and requested for exemption from deputing him to Andaman and Nicobar islands.