ANIMA MONDAL Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) W.P.(C) 489/2012

(2.) The petitioner who was enlisted as a Constable in CRPF in March, 1990, stood promoted to the post of Hawaldar till she was invalidated out on 14th July, 2007 for the reason that she was suffering from chronic bronchial asthma with constructive ventilatory defect. The petitioner has pointed out that because of her medical fitness in the year 1994, she was deputed to the Elite Special Protection Group as well.

(3.) In 1998, the petitioner developed bronchial asthma. It appears that without any proper medical examination, the petitioner was degraded to medical category Shape-V on 28th April, 2005 by the respondents. Thereafter, on 28th October, 2005, a Rehabilitation Board of the CRPF recommended the petitioner's invalidation. It appears that the petitioner was referred to the Safdarjung Hospital on 2nd March, 2007 for opinion/consultation regarding her fitness for retention in service. The Safdarjung Hospital effected an assessment on 4th May, 2007 and gave a medical consultation without evaluating disability, if any, and also failed to report with regard to her fitness for her to be retained in service.