G V NARAYANAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Appeal is directed against the Order in Writ Petition No.4244 of 1979, whereby ohan, J. dismissed the petition. The appellant herein was the petitioner and the respondents herein were the respondents in the Writ Petition. We propose to refer to the parties as per their array in the writ petition.

(2.) The petitioner came to this Court under Article 226 of the Constitution of India impugning an order of compulsory retirement dated 10.12.1975 and for a direction to the respondents to reinstate the petitioner in service with effect from 19.11.1974 on which date the petitioner was declared fit for resuming his duty as Deputy Inspector-General of Police and further accord the petitioner all the benefits including seniority, increments and promotions, to which he would be entitled if he had continued in service from 19.11.1974.

(3.) The preceding facts, which are necessary to appreciate and assess the grievance of the petitioner and which facts, we have gathered from the typed sets of papers, filed by the petitioner, run as follows: The petitioner was last serving as Deputy Inspector-General of Police with the second respondent. He seemed to have fallen ill and was off duty between 14.10.1973 and 19.11.1973. This appeared to be his first spell of illness. Again he fell ill between 5.5.1974 and 10.6.1974. The illness which affilicted the petitioner has been diagnosed as Idiopathic polyneuropathy of the Guillain Rarre type. There are three certificates issued by Dr.S.Kalyanaraman, Neurosurgeon. The first certificate, dated 23.8.1974 reads as follows: