GOLAP BISWAKARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Ali, learned counsel for the petitioner and Mr. S.S. Roy, learned CGC for all the respondents.

(2.) The petitioner, who was serving as a Havildar (GD) in the 42 Assam Rifles Battalion is aggrieved by the order dtd. 15/10/2017, whereby the petitioner had been made to prematurely retire with effect from 1/2/2018, on completion of 30 years of qualifying service, by invoking Rule 48 (1) (b) of the Central Civil Service (Pension) Rules, 1972, herein after referred to as the 1972 Rules.

(3.) The petitioner's counsel submits that the petitioner had been made to retire on the ground that he was lacking in Medical Fitness, i.e. he was not having the required SHAPE - 1 and not for any other reason. He submits that in terms of the judgment of this Court in Prodip Kumar Haloi, No. G/56702 and Ors. Vs. Union of India and Ors. reported in 2012 (2) GLT 520, the petitioner could not have been prematurely retired from service on the ground of not having the required medical fitness, by invoking Rule 48 (1) (b) of the 1972 Rules, as Rule 26 of the Assam Rifles Rules, 2010 specifically dealt with retirement or discharge of Subordinate Officers and enrolled persons on grounds of medical fitness.