S VENKATARAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for the issue of a writ of mandamus calling for the records pursuant to the proceedings of the 3rd respondent in RO/2504/2/PW (Dis) dated 12.4.2001 and quash the same insofar as the petitioner (S.No.8 is concerned) and direct the respondents to grant extension of service for a further period of three years.

(2.) The petitioner joined Indian Air Force on 12.5.1973. While in service he met with an accident during 1975 resulting in amputation of his right leg. The Court of enquiry convened in this respect recorded a finding that the injury was attributable to service. The petitioner was thereafter retained in service in lower medical category as a Clerk (General Duties) with 90% disability. The petitioner completed 15 years of initial engagement. The service of the petitioner was extended for six years at the first instance and, thereafter, for five and three years respectively for the second and third time. The petitioner has so far completed 29 years of service. His present term of engagement came to an end on 31.5.2002.

(3.) The petitioner applied for extension of service for a further period of three years on 22.8.2000 to the 4th respondent. The Specialist Medical Officer issued a certificate certifying that the petitioner is fit for carrying out his trade and his disability, disarticulation of right hip, is attributable to service. The 4th respondent also reported that the petitioner is suitable for further extension of service on 18.10.2000 and forwarded the same to the 3rd respondent for approval. The 3rd respondent, however, rejected the application for extension of service, which is being challenged in this writ petition. The petitioner submitted representation under Section 26 of The Air Force Act, 1950, to the 3rd respondent through proper channel.