SURJIT KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner who is a Deputy Commandant of Assam Rifles has filed the present writ petition challenging the proceeding of the medical board dated 27.9.2000 and for directing the respondents to upgrade him to medical category P-1 and to promote him to the rank of 2IC with effect from the date when his juniors were promoted with all service benefits.

(2.) The fact in brief is that, the petitioner was examined by the medical board on 23.9.1998 and was categorized in low medical category in June 1999. He was again examined by the medical board and was placed in low medical category P-2 (temporary) for 24 weeks. After lapse of the said period, the medical board on 27.10.1999 re-examined the petitioner and was placed in medical category P-2 (permanent). The petitioner was again examined by the medical board on 1.10.2000 pursuant to the request made by the authority on 27.9.2000 and was upgraded to medical category for P-1 for CAD(INV) Chest pain with effect from 29.6.2000 and placed in medical category P-2 (Permanent) for two years for Essential Hyper Tension with effect from 29.6.2000 and the next date of medical examination was fixed on 29.6.2002. Thereafter a departmental promotion committee (DPC) was held for the purpose of consideration for promotion to the post 2IC wherein the petitioner's case for promotion was also considered. The DPC in its meeting dated 25.2.2001 upon consideration, has found the petitioner not eligible for promotion for low medical category, though found otherwise suitable for promotion and recommended the names of seven officers, including six officers who were junior to the petitioner, for promotion to the post of 2IC in Assam Rifles. The authority vide order dated 18.4.2001 promoted those officers to the rank of 2IC with effect from 10.4.2001 stating there in that the petitioner will be promoted to the said rank subject to attaining and remaining in medical category Shape-1, with effect from the said date when the juniors were promoted. Though the petitioner was required to be medically examined after expiry of two years, i.e., on 29.6.2002 from the date when he was categorised as medical category P-2, the medical board before expiry of the said period re-examined the petitioner, as the specialist has recommended early review of his medical category and vide communication dated 18.1.2002 inform the authority that the petitioner has attained medical category Shape-1 with effect from 4.1.2002. Before the petitioner attained the said medical category Shape one another DPC was held on 29.10.01 wherein the petitioner along with others were considered for promotion to the rank of 2IC and the DPC upon consideration did not recommend the name of the petitioner for promotion to the rank of 2IC. The DPC has also considered the case of the petitioner for promotion to the rank of 2IC in the year 2003, 2004 and 2005 but has not recommended his case for promotion to the said rank.

(3.) I have heard Mr. George Raju, learned counsel for the petitioner and Mr. M. Zothankhauma, learned counsel appearing on behalf of respondent Nos. 2, 3 and 4. None appears for the respondent No. 1.