LALRAMDINTHARA S/O LALLAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mrs. Dinari T. Azyu, learned counsel for the petitioner as well as Ms. Linda Fambawl, learned Govt. Advocate for the State respondents.

(2.) THE facts of the case is that the petitioner was appointed as Constable under the 1st India Reserve Battallion, Mizoram on 18.8.1994. The petitioner was suffering from spinal cord injury since May 2002 while he was posted in the 1st IR Battallion, Mizoram. The Medical and Health Officer of the battallion on 23.5.2002 had advised him for light duty for two weeks. The petitioner's ailment did not improve and, therefore, he consulted a medical specialist, who diagnosed him as suffering from PIVD -LSD with lumbar canal stenosis syndrome and he was accordingly advised light work as per medical certificate dated 5.6.2002. In the year 2006, the petitioner was deployed to Chhattisgarh for conducting anti - naxalite operation. The petitioner made an application to the Commandant, 1st IR Battallion for excluding him from deployment to Chhattisgarh due to his ailment and the advice given by his doctor who is treating him.

(3.) WHILE discharging his duties in Chhattisgarh, the petitioner's ailment got aggravated and, therefore, he reported to the Medical Officer on 27.10.2006.