LAWS(ALL)-2013-5-301

SURYA PRAKASH Vs. UNION OF INDIA

Decided On May 24, 2013
SURYA PRAKASH Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) THIS is a writ petition for a direction to the respondents to constitute Review Medical Board and reinstate the petitioner on his original post, being found and declared fit with all consequential benefits or in the alternative to grant invalid pension from the date of invalidation with all the consequential benefits and continue to pay the same till the age of superannuation. The parties have exchanged their Counter and Rejoinder Affidavits. Hence the present Writ Petition is being finally disposed at the admission stage with the consent of learned Counsel for the parties.

(2.) WE have heard learned Counsel for the petitioner and learned Standing Counsel for the Union of India.

(3.) THE Medical Board after examining the petitioner considered him unfit to be retained in service as he was found to be suffering from "Manic Depressive Psychosis". The Board, therefore, proposed to invalidate the petitioner from service vide notice dated 15.10.1989 the petitioner was thereupon invalidated from service with effect from 19.11.1989.