EX LAC SIVAN NAINAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the arguments of Mr.S.Ayyathurai, learned counsel appearing for the petitioner, Mr.M.Dhamodaran, learned counsel for fourth respondent in W.P.No.21328 of 2008 and Mr.R.Priyakumar, learned Central Government Standing Counsel appearing for first respondent in WP.No.17657 of 2009.

(2.) The petitioner in both writ petitions is one and the same. In the first writ petition (W.P.No.21328 of 2008), the petitioner seeks to challenge the order of discharge, dated 25.3.1997 and seeks for a direction in terms of section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short Disabilities Act).

(3.) It is seen from the affidavit filed in support of the writ petition that the petitioner was discharged from the Indian Air Force on medical grounds. The petitioner after his discharge made an application to the post of Assistant Cashier-cum-Supervisor in the Heavy Vehicles Factory at Avadi under the Ex-serviceman category. But, however for reasons best known, he has now come forward to challenge his original discharge made on medical grounds in terms of Section 47 of the Disabilities Act. Notice was given in this writ petition. Subsequent to the filing of the said writ petition, the petitioner has filed the second writ petition being W.P.No.17657 of 2009 seeking to challenge the order dated 9.1.2007 passed by the Heavy Vehicles Factory, wherein and by which he was terminated during his probation on the ground that he was not eligible for age relaxation in the category of an Ex-serviceman. His appointment was terminated in terms of para 2(c) and para 8 of the order of appointment, vide impugned order, dated 9.1.2007. That writ petition was admitted on 31.8.2009.