SATISH KUMAR RATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by way of the instant writ application has prayed for a direction for promotion to the rank of Havildar (General Duty) w.e.f the date on which his junior has been promoted i.e. from 1/12/2020.

(2.) Though the case of the petitioner had come up for consideration for promotion as per his seniority, however he was found ineligible for promotion for lacking in medical criteria and he was placed in low medical category P2 (Permanent) w.e.f. 27/5/2019 with the following syndromes; (i) Pre Excitation Syndrome (ii) Manifest Accessory Pathway and (iii) RV Post Septal Pathway. As such, it appears that he was not recommended for promotion by the Departmental Promotion Committee and was superseded.

(3.) Mr. R. Jha, learned counsel for the petitioner has submitted that though the petitioner has been placed under P2(P) category and being deemed unfit, is carrying out all his duties and discharging the same as per instructions and is undertaking active duties regularly. He further submits that the categorization is incorrect and not a reflection of his health condition, as such the respondents are likely to be directed to reconsider the case of the petitioner.