SUSANTA MAITI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought a direction to the respondent to treat the petitioner as medically fit, in terms of the fitness certificate issued by the DDU and consequently to issue him a letter of appointment to the post of Follower/Peon, a Group-D-M/Staff post in the CRPF or in the alternative to direct the examination of the petitioner by constituting an independent medical board or any other Government hospital. The petitioner has also sought directions to restrain the respondents from issuing any orders of appointment in the Group-DM/Staff post in the CRPF to any persons pending the finalization of the writ petition and to keep one vacancy reserved for the petitioner. The petitioner has also prayed for directions to the respondents to pay appropriate compensation/damage towards the sufferings and mental agony undergone by the petitioner on account of the unjustifiable acts on the part of the respondents for depriving the petitioner of his rights for appointment to the post of Follower/Peon in the Group-D-M/Staff post in CRPF.

(2.) The petitioner contended that he was engaged in the office of the Director General of Police as a casual worker on temporary basis against the regular sanctioned Group-D post on 24th January, 1995. Thereafter the engagement of the petitioner was renewed from time to time for short spells of three to six months.

(3.) The plea of the petitioner is that his services were terminated on 23rd September, 1996 along with a number of similarly situated persons though his services ought to have been regularized in terms of O.Ms dated 26th October, 1984 and 7th June, 1988.