LAWS(DLH)-2011-3-121

CONSTABLE GAJENDRA PRASHAD Vs. UOI

Decided On March 15, 2011
CONSTABLE GAJENDRA PRASHAD Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) IN August 1990 the petitioner was inducted in ITBP, a Central Para-Military Force as a Constable and discharged his duties to the best of his abilities. Posted at Phobrang in the year 1998, the harsh climatic conditions of the place, where during winters the temperature falls as low as -20? centigrade, took its toll when while on duty the petitioner suffered severe frost bite.

(2.) THE petitioner was diagnosed with `Peripheral Vascular Disease (PVD)' of both lower limbs and surgery had to be performed upon the petitioner. THE right lower limb, above knee, had to be amputated and the left great toe had to be amputated.

(3.) THE petitioner made a representation highlighting that the left great toe amputation had not rendered any much difference to the agility of the petitioner and as regards the amputation of the right leg, above the knee, he pointed out that with an artificial leg fitted he was in a position to perform the duties of a constable dak and hence stated that it would be wrong to state that the petitioner was rendered unfit to perform any kind of duties which constables could perform.