EX NAIK CHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Charan Singh, the petitioner had joined Delhi Police as a Constable on 2.11.63. According to him, he joined Border Security Force on permanent deputation from Delhi Police on 24.5.71 under No. 71198006.6. In April, 1989, he went to his village in Kerala to enjoy the Earned Leave and to get treated for the back pain. On examination, the doctors found that the petitioner was patient of P.I.V.D. The investigations were conducted on 23.6.89 and the doctors advised him complete rest. The petitioner sent the copy of his medical investigation certificate to the Commandant of 79th Battalion of B.S.F. Suddenly on 14.2.90 he was dismissed from service, however, the copy of the letter was not sent to him and he made a representation for reinstatement into service in October, 2004 to which he had not received any reply resulting in filing of the present writ petition.

(2.) On the above premise, the petitioner has made two prayers in this petition under Article 226 of the Constitution of India. Firstly, that the respondents be directed to consider the case of the petitioner for reinstatement in service with all previous benefits. Secondly, and in alternative the respondents be directed to grant service pension to the petitioner from the date of his dismissal from service of the B.S.F.

(3.) The counsel appearing for the respondents had sought time to seek instructions. Though no counter affidavit had been filed but records were produced before the Court during the course of hearing.