BB SAHAB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri R Mazumdar, learned counsel for the petitioner. Also heard Ms. R Devi, learned Central Government Counsel (CGC).

(2.) The present case has a chequered history and bereft of the details, the necessary facts which are required to be taken into consideration are narrated hereinbelow.

(3.) The facts projected in the petition are that he was appointed as a Rect. Barber in the Assam Rifles in the year 2001 and was sent to training at Dimapur. However, in October, 2001, he was discharged from his service along with about 90 other persons on medical grounds. The ground assigned so far as the petitioner is concerned is 'Fine Tremors' of the hands. The aforesaid orders of discharge were the subject matter of challenge in a number of writ petitions, including WP(C)/6721/2005 filed by the petitioner. The aforesaid writ petitions were disposed of by this Court vide order dtd. 10/8/2012 whereby a fresh Appellate Medical Board was directed to be constituted. The Court, however, made it clear that no observation was made on the inter-se merits. Subsequent thereto, an Appellate Medical Board was constituted which examined the petitioner and vide a communication dtd. 27/12/2012, the petitioner has been held to be unfit. The petitioner has also brought on record an order dtd. 26/9/2014 passed by a Division Bench of this Court in a number of writ appeals, including WA/153/2014 wherein the matters were remanded for fresh consideration on the ground that though those incumbents were held to be medically fit, they were not re-inducted in the service on the ground of overaged.