UNION OF INDIA Vs. SUNEEL KUMAR

JUDGEMENT

(1.) Respondent has brought this application under Sec. 151, Civil Procedure Code, seeking modification in para 23 (b) of the judgment dtd. 6/10/2021 and has sought directions to the petitioners to exempt him from running in the Physical Efficiency Test (PET). On notice, petitioners entered appearance through counsel and filed reply, opposing the application. We heard learned counsel for both sides.

(2.) Briefly stated, circumstances leading to this application are as follows.

(3.) After disposal of the writ petition, the present application for modification of the directions dtd. 6/10/2021 was filed by the respondent. It is submitted on behalf of the respondent (applicant herein) that vide letter dtd. 23/3/2022, the writ petitioners (non-applicants therein) conveyed to the applicant that PET shall include ability of the applicant to run for 1000 meters in 04 minutes 15 seconds in one chance; that thereafter, vide letter dtd. 8/4/2022, the applicant was called upon to appear for PET on 12/4/2022; that since he had suffered a fracture in leg, the applicant submitted application dtd. 9/4/2022 with medical record issued by the Railway Hospital and requested the non applicants to conduct the PET after 15-20 days, but the non applicants rejected his request and conducted PET on 12/4/2022, when on account of leg injury he could not run for 1000 meters in 04 minutes 15 seconds and was declared disqualified; that vide order dtd. 13/4/2022, the non applicants rejected claim of the applicant for appointment to the post of Khalasi; that the applicant approached the Tribunal with a Contempt Petition, in which the Tribunal observed that prima facie direction of the Tribunal read with the order of this court had not been complied with in spirit. Thereafter, the applicant filed the present application seeking modification of directions as aforesaid.