SURESH RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner aggrieved by the failure of the respondents to abide by the directions made by this court as back as in the judgment dated 22nd March, 2011 in WP(C)No.5077/2008, Sudesh Kumar v. Union of India and Another and connected writ petitions. The court authoritatively decided the issue relating to colour blindness in respect of serving personnel with the Central Para Military Forces whose colour blindness was discovered at the time when they were medically examined for promotional purpose. The court had issued clear directions to the respondents. The respondents were not only refusing promotion but were proceeding to board out such personnel who were discovered to be suffering from colour blindness.

(2.) Despite clear directives of the court, the respondents have proceeded arbitrarily in the cases of these petitioners.

(3.) The petitioners who were before this court in the judgment dated 22nd March, 2011 were otherwise fit for promotion. The respondents however issued a policy dated 18th May, 2012 regulating the continuance of such colour blind personnel in the Central Para Military Forces as well as the terms and condition of said service. Under the shield of this policy, the respondents were denying promotion to the several personnel and proposed to hold the Invalidating Medical Board to board out such personnel. This action of the respondents came to be challenged by way of WP(C)No.356/2013, P. Suresh Kumar v. Union of India & Others. and connected writ petitions which challenge was also accepted by this court on 28th February, 2013.