LAWS(DLH)-2021-3-90

M.A.KHAN Vs. UNION OF INDIA

Decided On March 16, 2021
M.A.KHAN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Present writ petition has been filed challenging the Force Order dated 11th February, 2020 whereby petitioner has been transferred from RPF Post ANVT/DLI to Kashmir Valley. Petitioner also seeks directions to the respondents to continue posting of petitioner at RPF Post ANVT/DLI or grant any other soft posting to petitioner commensurate with his medical condition.

(2.) Learned counsel for the petitioner states that in 2015, petitioner developed weakness and numbness of both upper and lower limbs which was insidious in onset and progressive in nature. She further states that pursuant thereto, a Medical Board was constituted that opined that petitioner is unfit for job of Head Constable/RPF due to his physical disability but fit in his original medical category Bee-one vision wise and therefore, the Medical Board recommended that petitioner may be given alternative employment on medical grounds in medical category Bee-one and below where running/field activity is not required. The relevant portion of last Medical Board recommendation dated 14th March, 2016 is reproduced hereinbelow:-

(3.) She points out that the petitioner was working on a supernumerary post and posted as Head Constable, Anand Vihar pending grant of suitable alternative employment to him.