CT TARSEM RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the quashing of the order dtd. 16/5/2020, passed by the Commandant 5th Battalion BSF Khasa, Amritsar, Punjab, whereby he has been invalidated out of service on medical grounds.

(2.) The brief facts, as relevant for the disposal of the present petition, are that the petitioner had joined the Border Security Force(BSF) as a constable on 31/12/2001 and remained so till vide the impugned order he was retired. In ordinary course he could have retired after completing 20 years of service on 31/12/2021. He would then have been entitled to full pensionary benefits under the CCS Pension Rules 1972.

(3.) The case of the petitioner is that soon after joining the BSF he developed anxiety/depression and was diagnosed as suffering from "bipolar affective disorder" and his medical category was downgraded to SHAPE-2 (S2). He was recommended for light duties without firearms. From the year 2005 the petitioner suffered from severe headaches and was hospitalized from time to time for treatment of his condition. On 15/1/2020 the petitioner was served with a Show Cause Notice as to why he should not be boarded out on medical grounds with 70% disability. The petitioner submitted a representation on 30/1/2020 against the proposed retirement, along with the medical certificate of a Govt. Hospital, that his condition was stable.