SAMAT RAI SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Samat Rai Sharma has filed the present writ petition for issuance of a direction to the respondents to release pension and pensionary benefits to him which have been denied to him despite the directions of the Hon'ble Supreme Court.

(2.) Briefly stated the facts necessary for the decision of the petition may be recapitulated as under :-

(3.) The petitioner had joined the Electrical and Mechanical Department of Government of Rajasthan on 4.12.1996 and continued as Junior Engineer till 19.5.1963. On 20.5.1963, he was appointed as Assistant Engineer (Civil) on temporary basis with the Border Roads Development Board (in short 'the Board'). He was then treated as quasi-permanent with effect from 20.11.1969 and thereafter appointed on permanent basis on 3.8.1972. His duties with the G.R.E.F. required him to work at high altitudes where the temperature fell to Zero degree's Celsius and on account of this, he had become sick and contracted intestinal disease. He was hospitalised in Military Hospital Jalandhar and on 31.5.1967 the Medical Board after examining him opined that the disease was not attributable to service conditions. The petitioner submits that the Board was of the opinion that the disease could recur in case he is required to resume his duties at high altitudes but the respondents had ignored the medical advice and continued to post him in such areas. Consequently, the petitioner started remaining seriously ill since 1971 on account whereof he required constant treatment and medical care. In 1973 during the course of another check up done by the Medical Board he was placed in medical category III and this Board also opined that the disease of the petitioner was aggravated and directly attributable to conditions of the service. He had eventually submitted his resignation with effect from 1.9.1974.