SURESH KUMAR TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is directed against the order passed by the respondents declaring the petitioner as permanently incapacitated for further service of any kind in the Indian Army on medical grounds and also the order dated 11.10.2001 whereby the petitioner was retired from service for his personal health on invalid pension with effect from 11.10.2001.

(2.) The petitioner joined the Special Service Bureau (SSB) under the Ministry of Home Affairs as a Constable on 29.5.1990. At the time of his appointment he was declared medically fit for appointment in government service by the Medical Officer in 18 Army Rifle, Lunglie. After appointment the petitioner completed his basic and recruit training held at T.C. SSB, Haflong in the state of Assam, which training he had undertaken from 23.7.1990 to 15.4.1991. The petitioner successfully completed the aforesaid training. Thereafter he was promoted to the rank of LNK(GD) and NK (GD) on 2.4.1994 and 1.11.1996 respectively, after fulfilling all the eligibility terms and conditions for promotion to the said ranks. During the year 1998, the petitioner had undergone medical treatment in Unit M.I. Room GC, SSB Lunglei and the Unit Medical Officer advised him to consult with an Orthopedic Surgeon. Consequently, the petitioner proceeded on sanctioned 30 days earned leave with effect from 17.2.1998 to 18.3.1998 to undertake medical treatment as advised. The petitioner remained under medical treatment at Sadar Hospital, Arrah in Bihar, The concerned medical authority declared him fit for duty on 13.5.1998 and he resumed duty on 18.5.1998 at GC Lunglei. In the written application submitted by him at the time of resuming duty, he stated that he was suffering from pain in the left feet since December 1997. The petitioner again proceeded on 45 days earned leave to get himself treated once again as he was again suffering pain and thereafter he again resumed duty on 12.8.1998 after treatment. As per the medical report submitted by him, he remained under medical treatment at the Primary Health Centre, Peero (Muzafarpur). Thereafter the petitioner has been taking medical treatment from time to time, being allowed to receive the same being on medical leave. The petitioner was thereafter directed to appear before the Medical Board at Civil Hospital, Lunglei, vide office order dated 4.10.2000. After a thorough medical examination carried out by the Medical Board, the Board considered him to be completely and permanently incapacitated for further service of any kind in the department to which he belongs to due to disease of A.V.N. Femural Head Left Side. The Board, however, opined that he may be fit to do sedentary work of LDC etc. In accordance with the recommendations of the Medical Board, the petitioner was invalided out from service with effect from 11.10.2001 and his name was struck off from the strength of department from the same date.

(3.) The contention that is raised in this petition is that the petitioner had rendered about 11 years of unblemished service and, therefore, before declaring the petitioner to be permanently incapacitated for further service of any kind in the department, the respondents should have accepted the recommendation of the same Medical Board, who opined that the petitioner is fit for further service of less laborious character than he had been doing and that he may be fit to work as LDC etc. The aforesaid submission of the counsel for the petitioner was refuted by the counsel for the respondent contending, inter alia, that there is no such sedentary work nor any post of LDC available in the combatised qadre to which the petitioner belongs. It was submitted by him that the petitioner was completely and permanently incapacitated for further service in the department and, therefore, he was released from service. It was also submitted that the petitioner would be entitled for invalid pension which would be granted to him on receipt of pension papers, which the petitioner has failed to submit.