VIJAYKUMAR GOEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The learned counsel for the petitioner submits that no relief has been claimed against Respondent No.3, the Respondent No.3 is deleted from the array of respondents.

(2.) Rule. Mr. Bambhania waives service of the Rule. In the facts and circumstances of the case the matter is taken up for final hearing. The petitioner herein had joined the Army 194 on 1-7-1965 and after successfully compeletion of 27 years job due to family circumstances he sought voluntary retirement from the Military service and at that time he was serving at Cuttack in Orissa. The certificate (Annexure "A") was issued by the President of the Release Board certifying the petitioner to be fit for civil employment at the time of his discharge i.e. in May,1993. The petitioner thereafter worked as Manager (Maintenance) in charuter Arogya Mandal. The petitioner's name was sponsored for appointment to the post of district Sainik Welfare and Resettlemnent Officer by Ministry of Defence, Government of India, New Delhi. The petitioner was qualified for that post. He received interview call letter dated 18-11-1995 and was required to appear before the Selection Committee on 2-12-1995. This job was at Jamnagar which did not suit him and therefore the petitioner did not appear on 2-12-1995. Subsequently the respondents vide their letters dated 9-4-1996 and 11-4-1996 informed the petitioner to appear before the Selection Committee on 16-4-1996 at Gandhinagar for the purpose of interview for the post of "District Sainik Welfare and Resettlement Officer at Jamnagar and Ahmedabad. The petitioner appeared before the Selection Committee and feeling assured of the employment as District Sainik Welfare and Resettlement Officer, Ahmedabad tendered his resignation from Charutar Arogya Mandal with effect from 30-4-1996. It is also the case of the petitioner that at the time of interview he had opted for appointment at Ahmedabad. The petitioner was selected by the Selection Committee and by order dated 4-6-1996 the petitioner was appointed by Respondent No.1 as District Sainik Welfare-and Resettlement Officer, Ahmedabad on the terms and conditions mentioned in the resolution dated 4-6-1996 with regard to his appointment to the post of District Sanik Welfare and Resettlement Officer, Ahemdabad. This appointment was subsequently notified by the Government of Gujarat, Home Department on 4-6-1996 itself. In pursuance of this notification dated 4.6.1996 the petitioner joined on 11-6-1996. While he was working as District Sainik Welfare and Resettlement Offcier at Ahmedabad a notification was issued on 4-12-1996 whereby his services were terminated on the ground that the President, Standing Medical Board, Civil Hospital, Ahmedabad vide its certificate dated 7-8-1996 had found the petitioner to be medically unfit. Aggrieved from this notification dated 4.12.1996 the petitioner preferred this Special Civil Application on 4-12-1996 itself. When the matter came up before the court on 17-12-1996 the learned Addl. Government Pleader Mr.D.A. Bambhania entered into Caveat on behalf of the Respondents No. 1 and 2 and sought time to produce report of the Medical Board. On 20-12-1996 the time was again sought for production of the report of the Medical Board and the matter was adjourned. When the matter came up before this .court again on 27- 12-1996 the Medical Examination Report for employment in the public services was placed on record by Mr. Bambhania. As per this Medical certificate of examination for employment in the public services dated 7-8-1996 the Medical Board opined that it could not discover that the petitioner has any disease, consitutional weakness or bodily infirmity except past history CABG surgery. On the basis of this past history of CABG, the Medical Board further opined that it was a disqualification for employment in the office of the Director, Sainik Welfare and Resettlement, Ahmedabad. It was argued on behalf of the petitioner that according to the memorandum of Government of India, Ministry of Home Affairs, New Delhi dated 21-2-1981 with regard to Rehabilitation of Disabled Defence Services Personnel and concessions for appointment to Group C & D posts which was also applicable to Group "A" post under Rule 5(i) providing medical standards. The petitioner had been examined in accordance with rules of the Army at the time of his discharge and was placed in category B-2, according to which he can be given posting at any place upto the height of 9000 ft. It was further submitted by the petitioner that the had been selected for appointment as District Sainik Welfare and Resettlement Officer, Ahmedabad and in view of Rule 5(i) and the contents of the report of the Medical 195 Board as pointed out above, it was agreed by both the sides that let the petitioner be examined by the Medical Board of the Military Hospital at Ahmedabad. Accordingly, it was ordered that the petitioner may approach the Officer, Commanding of the Military Hospital at Ahmedabad and the medical examination may be conducted before 15-1-1987 and the report may be sent in a sealed cover to the Registrar of this court. The matter was then posted for 15-1-1997. Accordingly, the matter came up today and the report as has been sent in the sealed cover by the Registrar for Commanding Officer has been perused the opinion of the Board is as under : "Board is of the opinion that retired officer is fit for sedentary duties in Civil with following restriction on employability. (a) Not fit for duties involving marching/walking beyond 5 kms. (b) Fit for duties in plane areas only. (c) Fit for duties in areas where specialist facilities are available within 15 km of place of work."

(3.) It has been submitted by the learned counsel for the petitioner that the post of District Sainik Welfare Officer, Ahmedabad is a post in the Directorate of Sainik Welfare of Resettlement, Gujarat State and it does not require the petitioner to undertake marching/walking beyond 5 kms and he has to process the cases in the office. Mr Bambhania has invited my attention to the letter dated 31-8-1996 sent to the President of the Medical Board by the Director of Sainik Welfare and Resettlement. It contains the duties and responsibilities of the District Sainik Welfare and Resettlement Officer as under: