LANCE NAIK VINOD KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 22-1-2001 (Annexure P-4) by which the petitioner has been discharged from Army Service.

(2.) IT is not in dispute that the petitioner was enrolled in Army Service on 2-1-1989. He was working as a Soldier in 14, JAK Rifles. He sustained "closed head injury" on 14-5-1993 while playing boxing as a part of organised game in the unit. This injury was held to be attributable to the Military Service by the Court of Inquiry. The petitioner was examined several times and he was treated for the said injury. Ultimately he was put in medical category BEE (Permanent) for two years from 3-6-1999 to 2-6-2001. He was given "sheltered appointment" from 10-6-1995 to 29-12-2000. Thereafter he has been discharged from service by the impugned order dated 22-1-2001 due to "non-availability of sheltered appointment". He has been released on 1-8-2001.

(3.) THE petitioner's case is that he was to be re-examined by the Medical Board on 3-6-2001 to ascertain whether he is still not in a position to perform his duties. After his examination by the Medical Board he could be placed in an appropriate medical category. He was, however, discharged without waiting for his examination by the Medical Board on 3-6-2001. According to the petitioner he could earn pension on completion of 15 years of service and he was short of 2 years and 5 months for completing 15 years of service. He made several representations to the respondents but these were rejected. He has pointed out that several other similarly situated persons have been given sheltered appointment. Their names are stated in Para 5. 9 of the petition.