RAMESH FONIA Vs. UOI

JUDGEMENT

(1.) By way of the present writ petition, a challenge is laid to the refusal of the respondents to grant disability pension to the petitioner even though he retired from service on grounds of medical unfitness resulting from an injury suffered by him while on bonafide government duty deployed at the Border Out Post (BOP) Barapansuri (Mizoram). The adjudication hinges on the issue as to whether the injuries suffered by the petitioner are attributable to service or not.

(2.) The facts giving rise to the present petition to the extent necessary for the purposes of the present writ petition are briefly noted hereafter.

(3.) The petitioner joined service with the Border Security Force on the 15th of November 1997. While undergoing his basic training at the BSF Academy at Tekanpur on the 25th of June, 1998, the petitioner sustained injuries resulting in his placement in the low medical category during the annual medical examination by the medical board on the 15th of March, 2002. The petitioner was re-examined by the BSF medical board which assembled on the 20th of January, 2003 at Bikaner which continued to place him under the low medical category S1H1A3(L)(T-48)P1E1 with effect from 20th January, 2003 to 19th January, 2004. On the 18th of January, 2004, the petitioner was re-examined by the medical board at Sri Ganga Nagar which again placed him under the low medical category S1H1A3(L)(P) P1E1.