GOUTAM MAJI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) . - The writ petitioner suffered disability while he was working for the force. He was sent for medical examination. The medical board declared him disabled for duty and ultimately recommended for lighter duty in accordance with the circular order no. 28 of 1989, being annexure I, to the writ petition, appearing at pages 35-36 thereof. Ignoring the said circular the writ petitioner was declared completely and permanently incapacitated for further service by the impugned order dated 24th Oct., 1997, appearing at pages 33-34 of the writ petition.

(2.) Mr. Sen, learned Counsel, appearing for the respondent authority, submits that since the writ petitioner had not been declared 100 per cent disabled he is not entitled to any financial benefits at all for such disability. He is however, entitled to Provident Fund, Gratuity and leave encashment which in any event, he is entitled to because of his past service. Mr. Sen, submits that the present rule does not provide any compensation and/or financial benefit extended to the writ petitioner. He further submits that since the rule does not provide for any such financial benefit, the writ petitioner cannot be given any compensation for such disability.

(3.) With regard to recommendation of the medical board for lighter duty Mr. Sen, learned Counsel, submits that the case of the writ petitioner be sent back to the medical board and for their opinion and if the medical board declares the writ petitioner fit for any lighter duty in accordance with the circular no. 28 of 1989 the respondent authority would given appropriate lighter or duty to the writ petitioner. Considering such submission of Mr. Sen, I quash and set aside the order dated 24th Oct., 1997, appearing at pages 33-34 of the writ petition.