STATE OF KARNATAKA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The unsuccessful petitioners who are the respondents before the Karnataka State Administrative Tribunal (for short the Tribunal ), Bengaluru, are before this Court for a writ of certiorari to quash the impugned order dated 27.10.2017 made in Application No.542/2015 on the file of Tribunal allowing the application filed by the present respondents by quashing the endorsement dated 05.12.2014 as per Annexure-A18 issued by the Superintendent of Police, Kalaburagi and directed the 2nd respondent-Director General and Inspector General of Police to consider the case of the 2nd applicant/2nd respondent herein for any group D post on compassionate grounds, if he otherwise eligible.

(2.) The respondents who filed original Application No.542/2015 before the Tribunal to set aside the order dated 05.12.2014 issued by the 3rd respondent therein. It was the case of the applicants that the 1st applicant joined in the service as Constable in KSRP and posted him to 8th battaliion, Shimoga on 20.05.1993. Subsequently, he was transferred to 6th battalion, KSRP, Gulbarga. While, he was working, he met with an accident on 19.08.2004 and he was admitted to the hospital. Due to the said accident occurred while he was on duty, his both knees damaged and the backbone was also seriously damaged. The Medical Officer after considering the serious injury damage caused due to the accident to the 1st applicant had certified and issued the certificate dated 19.08.2004. It was further contended that because of the accident, he was unable to do his duties and the doctor who examined him has recommended for light duties of sedentary nature. The commandant has referred the said certificate for verification to the Medical Board for examination. The District Surgeon and Superintendent and Chairman of the Medical Board of District Hospital, Gulbarga on examination of the 1st applicant have opined and certified that instead of Constable he can change the cadre. On the application made by the 1st applicant for change of cadre for the post of Constable, the concerned authority by an order dated 28.02.2005 accorded permission for change of cadre from Constable, KSRP to Second Division Assistant.

(3.) It is the further case of the 1st applicant that on 05.04.2005 changing of the cadre to SDA came to be issued and posted to the District Police Office, Bidar and he has reported to duty on 23.04.2005. While he was working in Bidar, he was transferred to Gulbarga. He would further submit that due to the accident, injuries sustained by him, the cumulative effect of the accident i.e. his health has deteriorated and the same was aggravated, because of that he regularly availed the treatment, with that treatment only, he has worked all along. Because of his health condition, he was forced to file application for retirement on medical grounds on 04.05.2012.