UNION OF INDIA Vs. BALI RAM

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment passed by the learned writ Court whereby the writ petition filed by the writ petitioner came to be allowed and he was directed to be reinstated in service and the amount of terminal benefits received by him was ordered to be adjusted against the amount of his salary from 11.03.1998 onwards.

(2.) The respondent is the writ petitioner (hereinafter referred to as writ petitioner) was enrolled in the Central Reserve Police Force (for short "CRPF" ) as a constable driver on 31.07.1985. At the time of enrollment, he was physically examined and found fit. In 1996, the writ petitioner suffered some problem in his eye and was medically examined at Government Medical College and Hospital, Jammu, where he was found suffering from Disseminated Choroiditis and Retinal Atrophic Patihics Macular involvement left eye. His visual acuity was 6/12 in right and 6/60 in left eye with no improvement with glasses i.e. he was found blind by left eye and partially blind in right eye. The Chief Medical Officer (NFSG) Station Hospital, GC, CRPF, Jammu, recommended his case to be put up before the Departmental Rehabilitation Board. The writ petitioner was declared unfit for driving as well as combatant duties and referred to Medical Invalidation Board on 17.01.1997 as per circulation order 28/29. The Medical Board constituted by Base Hospital-II, CRPF, Hyderabad, examined the writ petitioner on 10.04.1997 and found him to be permanently incapacitated for further service of any kind in the department. On the basis of such recommendations, a notice dated 12.02.1998 was served upon the writ petitioner by the respondent No. 4 asking him to submit representation against the order of his medical invalidation. On 26.02.1998, the writ petitioner submitted application to the respondent No. 4 wherein he sought full 100% financial benefits from the department on his invalidation from service. Vide order dated 11.03.1998, the writ petitioner was invalidated from service with effect from 11.03.1998. The writ petitioner on 15.10.2000 made a representation to the respondents which was rejected in December, 2000.

(3.) The writ petitioner thereafter approached this Court by filing CWP No. 206/2003 which came up for consideration before this Court on 05.01.2005 and the following orders came to be passed :