RAMDAYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By the instant petition the petitioner is seeking the following reliefs:-

(2.) As per the case of petitioner, he joined CRPF as constable/GD on 15/7/1991 and while undergoing training at RTC Neemuch, the petitioner participated in a hockey tournament organized by the respondent. Unfortunately, while playing in the said tournament he sustained injuries on his left eye by a stick on 23/5/1992. After being treated at CRPF Hospital, Neemuch and Base Hospital, Hyderabad, the petitioner completed remainder of his 36 weeks training at RTC Neemuch. Meanwhile in a Court of Inquiry, the Inquiry Officer concluded that the injury sustained by the petitioner occurred during the course of play and neither anybody could be held responsible for the lapse nor could be blamed. Upon completion of training, the petitioner was declared fit for duty and was given post at 33 Bn. CRPF in February 1993 and where he actively discharged his duties and also participated in various tournaments. The petitioner then qualified for the Sec. Commander Course at S. No. 28 at Lucknow in the year 2003 and upon promotion as Head Constable on 1/6/2010 was transferred to 215 Bn.

(3.) Thereafter, even though the petitioner €Ÿs name was reflected in order No. P.VII-1/2019-117-EC-I dtd. 30/10/2019, whereby the respondents declared the list of candidates promoted from the post of Head Constable/GD to the post of Assistant Sub Inspector, he was not released by the respondents since he was declared SHAPE-II (E2) medical category in the Annual Medical Evaluation on 24/4/2019 due to injury sustained on his left eye and since a candidate had to be SHAPE-I medical category for promotion. Strangely, this was despite the fact that the petitioner was performing all his regular duties.