57575 RFN/GD SOMVIR Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts and situation of the present case on examination will be covered by the judgment dated 30.07.2019 passed by this Court in WP(C) No. 53 of 2015 (57581 RFN/GD Ramesh v. Union of India and 2 Ors). However, the brief facts are laid out hereinbelow:

(2.) The petitioner had participated in the recruitment rally of the Assam Rifles and after passing the physical efficiency test and written examination, had appeared in the medical examination, and was found fit for enrollment as Rfn/GD in the Assam Rifles. Thereafter, the petitioner was posted at Assam Rifles Training Centre and School, Dimapur, Nagaland. While undergoing training, the petitioner sustained injury on his left leg below the ankle and was admitted in the Unit Hospital of Assam Rifles Training Centre and School, Dimapur, Nagaland for treatment. After treatment, the petitioner was discharged from Hospital on 24.05.2000. The petitioner was again admitted in the Unit Hospital for the injury on his left leg below the ankle on 21.06.2000 and was discharged from hospital on 21.07.2000. The Commandant, Assam Rifles Training Centre and School Dimapur, Nagaland had granted 28(twenty-eight) days and 30(thirty) days of sick leave to the petitioner on the advice of the attending doctor. As such, the petitioner due to the injury of his left leg below the ankle had subsequently missed the training period of 179 days and was issued with a certificate of discharge on 31.10.2000. Being aggrieved thereby, the writ petitioner has approached this Court by way of this instant writ petition for quashing the impugned discharge order and for further directing the respondent authorities to convene the Release Medical Board to re-examine the percentage of disability caused by the injury to enable the petitioner to avail disability pension and retirement gratuity with effect from the date of discharge as per Assam Rifles Rules.

(3.) I have heard learned counsels for the parties and advance the arguments.