ARVIND KUMAR SONKAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

(2.) Pleadings have been exchanged between the parties and with the consent of the learned counsel for the parties, these petition are being disposed of finally.

(3.) Undisputed facts are that the petitioners in this bunch of writ petition were recruited in 2004 as Constable in Provincial Armed Constabulary 20th Battalion PAC, Azamgarh. After completing the training successfully, they were posted at 12th Battalion, Fatehpur. An order dated 25.7.2007 was passed by the Commandant dispensing with the services of the petitioner purported to be passed in exercise of powers conferred by Rule 8 (2) (b) of the U. P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991. The said order was challenged by the petitioners by filing separate writ petitions which were bunched together. Learned Standing Counsel was directed to produce the relevant record on the basis of which the orders under Rule 8 (2) (b) were passed. On record being produced, it was found that the petitioners were medically re-examined on 19.7.2007 and since they were found to be medically unfit for various reasons such as colour blindness, bilateral flat foot etc., their services were dispensed with under Rule 8 (2) (b). The learned single Judge finding that the petitioners were recruited in Police force wherein medical fitness was of paramount consideration, directed constitution of Special Medical Board for fresh medical examination consisting of two Ophthalmologists. The learned single Judge further directed that based on same report, the competent authority will re-consider the matter and take decision. The matter went up in special appeal. Vide judgment and order dated 21.11.2007, the Division Bench of this Court modified the order of the learned single Judge by constituting three members Board and the medical examination to be carried out by the Board in Lucknow. The Division Bench further directed that there will be two separate Boards, one for the purposes of eye test and the other for the physical test. The Boards will be consisting of three Doctors, one from a Government Hospital, one from Sanjay Gandhi Post Graduate Institute, Lucknow and the third from the King George Medical College, Lucknow. In pursuance to the aforesaid direction of the Division Bench, Medical Board was constituted which examined all the petitioners and found them to be medically fit. As a consequence vide order dated 18.1.2008 all the petitioners were reinstated back. Thereafter all the petitioners made application for the arrears of salary and other benefits such as seniority etc. When no decision was taken, they approached this Court by filing separate writ petitions which were disposed of directing the Commandant, 12th Battalion, P. A. C., Fatehpur to consider and decide the representation by means of a reasoned and speaking order. In pursuance to the aforesaid orders passed by this Court, vide order dated 22.8.2008, the claim made by the petitioners for arrears of salary and other consequential benefits has been rejected applying the principle of ''No Work No Pay'.