KAILAS NIVRUTTI SHINDE Vs. UNION OF INDIA

JUDGEMENT

(1.) WRIT Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for all the connected records pertaining to the discharge order dt 3.10.2007 in proceedings No.1363/CA/stats-1/DO/LMC/MAR 2008/J/2007 on the file of the 4th respondent and quash the same and consequently direct the respondents not to discharge the petitioner from service without accommodating in shape II medical category posts.) By consent of both sides, the writ petition itself is taken up for final disposal.

(2.) THE prayer in the writ petition is to call for all the connected records pertaining to the discharge order dated 3.10.2007 in proceedings No.1363/CA/stats-1/DO/LMC/MAR 2008/J/2007 on the file of the 4th respondent and quash the same and consequently direct the respondents not to discharge the petitioner from service without accommodating in shape II medical category posts.

(3.) ACCORDING to the petitioner, the respondents would have considered the petitioner under SHAPE II Posts which he is eligible as per Rule and hence the discharge order dated 3.10.2007 by placing him under medical category lower than SHAPE-I is illegal and against the service conditions and service rules applicable to him. Further according to the petitioner, the respondents discharged him from service by invoking the provisions applicable for military personnels who are in the war field or war front for whom alone medical category SHAPE-I is prescribed, whereas, he is working only in clerical cadre and hence the discharge order is totally illegal. Therefore, he has filed the present writ petition.