RAMESH CHAND SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel appearing for the petitioner also heard Mr. T. B. Jamir, learned Central Govt. Counsel appearing for the respondents.

(2.) The petitioner who was promoted to the rank of Havildar w.e.f. 10.10.1997 in the Assam Rifles Organization has approached this Court alleging wrongful denial of promotion to the post of Naib Subedar. The respondent authority by the impugned communication dated 19.08.2005 have conveyed that the petitioner cannot be considered because of his placement in the "low medical category" and it is reflected that only in case of injury attributable to war/counter insurgency operation, promotion can be considered for "low medical category" personnel.

(3.) It may be recorded that the petitioner suffered his injury due to fall from height while attending the Section Commander Training Course at Infantry School, Mhow. The Medical Board in their report dated 12.08.1998 (Annexure-1) recorded that the petitioner suffered fracture "Petella" (RT). It was also recorded by the medical report that the petitioner suffered the injury and contacted the disability while in service and that the injury was suffered in circumstances, over which the petitioner had no control. The injury was attributed to the conditions of the service in the report. By order dated 19.05.1998 the approving authority affirmed the aforesaid Medical Board's report. The Commanding Officer of the 30th Assam Rifles in his communication dated 03.08.2000 (Annexure-2) reported that the injury sustained by the petitioner be attributed to Assam Rifles Service.