RAJEEV YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred by the petitioner seeking issuance of a writ of certiorari for quashing of order dtd. 5/9/2022 and notice dtd. 13/9/2022, terminating his services on expiry of completion of one month from the date on which the notice is served upon him, i.e. 15/9/2022.

(2.) According to petitioner, he was recruited on the post of Sepoy in the Indian Army on 2/4/2005 and during the course of his training, he had suffered stress fracture in his tibia. In the year 2016, petitioner had joined the services of CISF on the post of Assistant Sub Inspector. Again, in the year 2018, the petitioner had applied for the post of Assistant Commandant in CAPF under the Ex Servicemen Category. Petitioner claims to have cleared the written examination, however, in his medical examination he was declared medically unfit due to "left tibia on history and documentation". Aggrieved against his rejection in medical examination, petitioner claims to have preferred an appeal and based upon his medical reports and the review medical report dtd. 10/5/2019, he was called for interview on 24/7/2019 and was declared medically fit. Thereafter, in the final result declared on 2/8/2019, petitioner was declared as selected for the post in question.

(3.) The petitioner had averred that he was issued appointment letter on 23/9/2020 for joining on the post of Assistant Commandant under Ex Servicemen quota and in terms thereof, petitioner had tendered his acceptance on 1/10/2020 and reported for training on 12/10/2020. Petitioner further claims that while undergoing his training and playing football in the sports period, he injured his left knee and he reported to the medical hospital in the training institute on 16/11/2020. Thereafter upon referral, petitioner went to Artemis Hospital, Gurgaon on 17/11/2020 and Sports Injury Centre at Safdarjung Hospital on 1/12/2020 for medical tests and treatment.