UNION OF INDIA Vs. KHAMMAN SINGH

JUDGEMENT

(1.) Rule D.B.

(2.) With the consent of the parties, the matter is finally heard.

(3.) The Respondent had applied for the post of Messenger with the Petitioner No.3 who was permitted to locally recruit against one existing vacancy with it i.e., at Military Hospital, Mathura Cantt., UP. Name of the Respondent was sponsored by the employment exchange and his name was recommended for selection. He was medically examined on 6.11.1996 by Medical Officer of the Military Hospital, Mathura. However the respondent was found to be unfit due to 'SPLENOMEGALY' disease. This was communicated to the Respondent and on this ground he was not given the appointment. However, thereafter in December 1996 the Respondent produced a fitness certificate dated 4.12.1996 issued by the CMO, Mathura and on that basis he made a request for appointment, which was not acceded to. Respondent at this stage filed O.A. No.706/97 before the Central Administrative Tribunal, Principal Bench, New Delhi. This O.A. was disposed of vide order dated 2.12.1997 directing re-examination of the Respondent either by Civil Surgeon or any other specialist. The Petitioner, in compliance with the aforesaid directions, called the Respondent for second medical examination in July 1998, which was conducted but again the report was that he was unfit to join duties in view of the same disease, namely, 'SPLENOMEGALY'.