RAM PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed, challenging the Certificate of Discharge dtd. 29/11/2005, by which he was ordered to be discharged as trainee with effect from 30/11/2005 (AN). Aggrieved by such discharge, the petitioner is before this Court.

(2.) It was the case of the petitioner that he was selected for the post of Rifleman (GD) vide appointment order dtd. 28/3/2004 issued by the respondents. In the appointment letter, there was a stipulation that his final selection would be subject to his fitness in the medical examination. It was further case of the petitioner that during the course of training at the Assam Rifles Training Centre and School, Dimapur, Nagaland, pursuant to his illness, he was referred to the Assam Rifles Hospital at the 1 Construction Company, Laitkor, Shillong, where he underwent treatment for his Tuberculosis for six months. After complete recovery from the disease, he was again sent back to the Assam Rifles Training Centre and School, Dimapur, Nagarland. It was further case of the petitioner that again he was referred to the Army Hospital at Rangapara and thereafter, he was discharged from service on the ground of medical invalidation with effect from 30/11/2005.

(3.) Learned DSG contended that after his provisional appointment as Rifleman (GD) in the Assam Rifles, he had the complaint of chest pain and dry cough, on account of which, he was provided medical treatment and he was diagnosed with Pulmonary Koch (TB). Due to his illness, he did not participate in the basic training and he was found in Low Medical Category. Learned DSG further contended that as per Gazette Notification dtd. 10/9/2002, personnel of Assam Rifles are exempted to get protection of Disability Act and therefore, he was relieved from the Assam Rifles with effect from 30/11/2005. Learned DSG also contended that the petitioner is not entitled to any service benefits, including pensionary benefits in terms of the provisions of Central Civil Services (Classification, Control and Appeal) Rules (in short 'CCS (CCA) Rules"), as he cannot be considered to be a Soldier in view of the fact that he was provisionally selected as a recruit and after successful completion of training and taking oath, an employee would be a complete soldier and allowed to serve for the nation. A plea of delay and laches has also been taken by the respondents.