UNION OF INDIA Vs. MOHD MOBIN KHAN

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 30th April, 2003 passed by the Central Administrative Tribunal in Original Application No. 164 of 1999 filed by Mohd. Mobin Khan (hereinafter referred to as the ''Applicant'). The Original Application had been filed for quashing the order dated 1st February, 1999 by which the applicant was given compulsory retirement under Rule 38 of CCS (Pension) Rules on the ground of disability and a direction was also sought to appoint the applicant in the same pay-scale as Assistant Foreman or Store Superintendent.

(2.) The applicant was initially appointed as an ad hoc Helper in October, 1969 under the Central Ground Water Board Division-III Varanasi. He was subsequently regularized and was granted promotions from time to time. While he was holding the post of DCM at Varanasi, he met with an accident on 21st February, 1995 as a result of which he was hospitalized. His left leg was amputated and he also lost vision in the right eye. He was ultimately discharged from the hospital on 3rd August, 1996 with a fitness certificate for doing light duty and sitting job. He was also referred to the Chief Medical Officer of the S.S.P.G. Hospital Varanasi by the employees for medical examination. The Medical Board of the said Hospital issued a certificate dated 23rd October, 1997 that the applicant was fit to perform duties like writing, maintenance of submission of report, maintenance of log books and store account books etc. The Department considered the case of the applicant and retained him in service on clerical post in the grade of LDC only. The terms indicated in the letter dated 5.1.1998 are as follows:-

(3.) Further, in the event of his unwillingness for the post of LDC, he can not be continued in the post of DCM and he will have to be retired from Govt. service on invalid pension.