ASHUTOSH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is not out of place to mention here that the petitioner had also filed Writ Petition No.13968/2022 seeking a direction to constitute a medical board and consider his case as per Rule 25 of the Boarder Security Force Rules, 1969 (in short "Rules, 1969") to extend the benefit of permanent disability to the petitioner. The said writ petition was dismissed by order dtd. 27/6/2022 with the following observations:- It is not the case of the petitioner that he had suffered injury in an accident during the course of employment. If a person has sustained injury in a private accident which has nothing to do with the discharge of his duty, then he is not entitled for special pension. The Supreme Court in the case of Secretary, Government of India and others vs. Dharambir Singh decided on 20/9/2019 in Civil Appeal No.4981/2012 has held as under:-

(3.) It is submitted by the counsel for the petitioner that by the impugned order, the petitioner has been transferred to BSF ACY TKP, whereas he is under medical disability to the extent of 52%, as he had met with an accident thereby suffering severe injuries on his right leg, which is evident from FIR. The petitioner has undergone medical treatment. He was also produced before the medical board on 23/6/2021 and 15/2/2022, where his temporary medical disability to the tune of 52% was assessed. It is submitted that the Ministry of Home Affairs has issued office memorandum on 8/10/2018 for exemption for the routine exercise of transfer / rotational transfer. Another instruction in this regard was issued on 13/10/2020. In view of the aforesaid policy of transfer, the petitioner is entitled for exemption specially in the light of the fact that the matter is pending for consideration by the medical board with regard to disability of the petitioner as "permanent".