SUBIR BHATTACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in the instant writ application has prayed for issue of a writ in the nature of Mandamus directing the respondents to absorb the petitioner in consideration of the medical report in any right natured job equivalent to the rank of Security Officer which the petitioner was holding like Administrative Officer or Officer- on-Speciai Duty protecting his pay scale and further directing the respondents to release Rs. 18.976.22P. towards medical expenditure incurred by him.

(2.) The petitioner was a member of the Indian Armed Forces. After his release from the army in the year 1974 on termination of his contractual period in June 1978, he joined the Directorate of Dairy Development under the Animal Husbandry and Veterinary Services, since re-named as Animal Resources and Development Department, Government of West Bengal, as Security Officer at Durgapur State Dairy.

(3.) Subsequent the petitioner having fallen sick first contacted local doctor at Sub-Divisional Hospital of Durgapur and thereafter at Bangur Institute of Neurology in Calcutta. As per the advice of the doctor of the said Institute, the petitioner underwent a surgical operation of his cervical spinal cord as a result of which his entire body was paralysed. After being released from the Bangur Institute of Neurology, he came back to Durgapur. Thereafter, the petitioner in consultation with the. doctors at the said Sub-Divisional Hospital of Durgapur as per their advice contacted the Christian Medical College and Hospital. Vellor. The petitioner then went to the said hospital at Vellor. In Vellor after various tests and undergoing a major operation in his spinal cord and said hospital released the petitioner with a certificate of fitness to rejoin his duties. When the petitioner came back he was again checked by the doctors at Sub-Divisional Hospital of Durgapur and it was recommended that the petitioner is mentally alert and fit for office work with the help of wheel chair or crutches since his lower limbs were weak. The petitioner was issued a certificate recommending him for light duty and further stating therein that there is no difficulty for him in table work.