EX RECT NAJEER BAIG Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Assistant Solicitor General of India appearing for the respondents. This writ petition is filed seeking to issue a writ of mandamus, declaring the action of the respondent No. 4 in not renewing the Identity Card of the petitioner for employment and thereby depriving his Ex -Serviceman status without any prior notice or authority as arbitrary, illegal, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and principles of natural justice and consequently renew the same by resuming the Ex -Serviceman status to the petitioner.

(2.) THE brief facts necessary for disposing of the writ petition may be stated as follows: - The petitioner was enrolled in the Indian Army as regular Combatant Member in Maratha Light Infantry at Belgaum, Karnataka State on 9 -1 -2003. He was discharged from Indian Army on the ground of medical invalidation on 13 -2 -2004. According to the petitioner, the Army Medical Authority viewed his disability as attributable to service and assessed the degree of disablement at 20% for life. Subsequently, he was granted disability element of pension by rounding off 50% with effect from 14 -2 -2004 for life in terms of Government of India, Ministry of Defence letter No. 1(2) 97/D (Pen -C) dated 31 -1 -2001.

(3.) THE learned counsel appearing for the petitioner submits that the registration card indicating the status of employment is very much essential for the petitioner to seek re -employment and the same shall be renewed automatically and therefore when the petitioner applied for renewal, the 4th respondent ought not to have refused to renew the same.