MAHINDER SINGH Vs. AIIMS

JUDGEMENT

(1.) Petitioner, Mahinder Singh, presently employed as a Pump Operator with All India Institute of Medical Science (AIIMS), had filed this writ petition in August, 2002, seeking a direction to the respondents to retire him on medical grounds with all retiral benefits. Further, a direction is sought for recruitment of his son in his place at a suitable post, as provided under the Service Rules.

(2.) Petitioner had joined the AIIMS as a Khalasi in the year 1965. It is the petitioner's case that in the year 1979, while on duty, he suffered serious injuries resulting in the left leg being amputated from below the knee and an artificial leg was fixed. Petitioner claimed that in the year 2000, there was a septic infection and his left leg was completely amputated. Petitioner has been certified to be suffering from 80 per cent disability.

(3.) On the petitioner's seeking retirement on medical grounds, he was examined by the Medical Board on 11.6.2001. The Board assessed his case to be one of 80 per cent impairment in relation to the lower left limb. They also opined that condition was not likely to be changed and no re-assessment was recommended. At the request of the petitioner that he be permitted to retire on medical grounds, the case of the petitioner was considered by the respondents. The matter was considered on 8.7.2002 and the following comments were made:- "He wants to have retirement from the job. They have referred to the Medical Board for exam. I feel if he wants to retire, it is fine, the Medical Board does not have to do anything from his retirement. But no one from his family can be given a job in lieu of his retirement."