SUNIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was taken as Short Service Commissioned Officer of SSC -63 (Non-technical Batch). He was granted commission for a period of five years which period was coming to an end on 7th March, 2002. There is a provision for further extension of this Short Service Commission by another five years. However, the petitioner is not given this extension and by order dated 13th December, 2001 he was informed that he would be relieved of his duties with effect from 7th March, 2002 (AN) after completing five years' tenure of SSC service. The petitioner has challenged the action of the respondents in not extending his tenure by another five years and has also prayed for quashing of the aforesaid release order dated 13th December, 2001 by means of present writ petition.

(2.) It is averred in the writ petition that although the petitioner was commissioned in the Army Service Corps but as per the policy in vogue, to begin with, he was attached to serve with an Infantry Unit for a period of three years. During this period-he took part in counter insurgency operations called 'Operation Hifazat' in Nagaland. However, while on duty, on 27th April, 1998 he sustained 'head injury and Pan Brachial Plexus' injury (left arm) of severe nature in a vehicular accident. After treatment in Research and Referral Hospital, Delhi he was discharged on 24th ]uly, 1998 as 'low medical category S1H1 A3 (T-24) P1E1' for six months. The injury was attributed to 'Military Service in Peace Area'.

(3.) The petitioner kept on receiving medical treatment while performing military duties assigned to him. The Medical Boards to assess the medical condition and physical performance of the petitioner were also "held from time to time. Based on the reports of the Medical Boards, the petitioner was placed in medical classification S1H1A3P1E1 (permanent) with effect from 21st June, 1999 for two years. The petitioners states that notwithstanding the aforesaid disability he was fit to perform normal military duties anywhere except in high altitude area (above 2700 meters -9000 ft.) and places that have sub-zero temperature for more than three months in a year.