RFN/GD RAMESH Vs. UNION OF INDIA

JUDGEMENT

(1.) The brief facts of the case is that the petitioner 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 right 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 151 Base Hospital on 30.05.2000 and was also granted 90(ninety) days ' sick leave with effect from 30.05.2000. Thereafter, it transpires that on account of the petitioner having not completed the mandatory period of 179 days training, he was issued with a certificate of discharge dated 29.05.2001 which is impugned herein. As such, the petitioner has approached this Court by way of this instant writ petition seeking mandamus for quashing of 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.

(2.) I have heard learned counsels for the parties.

(3.) Mr. S.D. Upadhaya, learned counsel for the petitioner submits that the petitioner had sustained a fracture on his right leg below the ankle which had disabled him from completing the training that he was undergoing. He submits that there is no question of unauthorized absence but it was due to his disability that he could not complete the prescribed 179 days of training. Learned counsel draws the attention of this Court to the relevant portion of the Discharge Policy and submits that even if the recruit is missing beyond 179 days, it is not necessary that the petitioner be discharged from service, but can be relegated to the lowest available platoon in that block subject to the sanction of the DIG. He further submits that the leave granted for 90 days with effect from 30.05.2000 was not on his application, but was accorded unilaterally by the medical authorities at 151 Base Hospital and as such, he prays that there being no lapse on the part of the petitioner, the impugned order of discharge be quashed and in the alternative that the release medical board be directed to be convened to decide the petitioners ' percentage of disability.