KULESH KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition, prayer on behalf of the petitioners is to quash the order of termination dated 31.3.1994 issued by the Commandant, 126 Aux. Bn., C.R.P.F., Mokamaghat, contained in Annexure -3 insofar as it relates to the termination of the petitioner and to issue the appropriate writ or order directing the Respondents to absorb them in service and appoint them on the post of Aux. Constable in C.R.P.F. on regular/permanent basis. By the said order (Annexure -3) on the findings of the Medical Officer of the Screening Board that petitioner no. 1 suffered from defective colour vision, hypertention, haemmor -hoid and petitioner no. 2 suffered from colour blindness, they were terminated from the service of C.R.P.F. with effect from 31.3.1994.

(2.) IN short, the relevant facts are that pursuance to the advertisement issued by C.R.P.F. in the year 1989, petitioners were appointed as Aux. Constable in 126 Auxiliary Battalion after they were found physically and mentally fit on vigorous recruitment check up and medical test. In pursuant to the advertisement issued, petitioner no. 2 was appointed in the year 1989 and petitioner no. 1 in the year 1991, and they joined the service and posted at different places. However, in January, 1994 I.G., C.R.P.F., Patna (Respondent no. 3) informed the D.I.G., C.R.P.F., Patna (Respondent no. 4) that DD (Estt.) vide his letter no. Rll 1/94 -Aux dated 25.1.1994 had intimated that the Government were considering regularisation of Auxiliary Battalion as regular C.R.P.F. Battalions and a Board consisting of different Officers was entrusted to carry out screening of their suitability for their recruitment as regular Constables/Followers. Later the Commandant (Respondent no. 5) was asked to communicate to the Aux. Constable that the process for integrating them into the main stream of force on permanent basis after screening is under process and that the petitioner may be assured about their future prospect. Thereafter the petitioners were called for fresh recruitment test, but instead of it they were subjected to medical fitness test and were declared medically unfit and by the impugned order their services along with 51 others were terminated on the said ground. Petitioners along with others being aggrieved by the said order had filed C.W.J.C. No. 3355 of 1994. It was mainly contended on their behalf that bare reference to the impugned order would indicate that medical check up were done in a very perfunctory manner, as most of the candidates were found to be suffering from colour blindness. This Court vide order dated 26.4.1995 (Annexure -4) doubted the genuineness of the test moreso because number of persons were found to be suffering from such disease and directed that it would be appropriate for the Deputy Inspector General of Police, C.R.P.F., Patna to examine their grievance with reference to the relevant materials available or any other matter and if he feels satisfied that there was no proper medical check up of the petitioners, he would certainly make an arrangement for fresh medical check up and other screening test in accordance with law. In pursuance to the said order, petitioners were re -examined before the Review Medical Board. As alleged, only empty formality was made to meet technical compliance of the order of this Court.

(3.) COUNTER affidavit has been filed on behalf of the Respondents, in which facts are not much disputed. However, in paragraph 16 of the counter affidavit, it is stated that in compliance of the direction of this Court Medical Board was constituted by the I.G., Bihar Centre vide Signal No. JII -31/94 -BS Legal dated, 1.6.1995 to medically examine the petitioners and others and that the personnel who were found medically and physically fit absorbed in CRPF as Constable/GD/ Follower and those who were not found medically fit were discharged from service on 31.3.1994. It is further admitted that applications of 19 Aux. Constables were received in the office of Group Centre, CRPF, Jamshedpur with a direction for their enlistment in CRPF as Followers against the existing vacancy of Bihar Centre subject to fitness in all respect by the Board of Officers. Accordingly, petitioners were asked to appear before the Recruitment Board for test etc. vide letter no. R II -1/98 -GC -RC dated 23.5.1998 and they were tested by the Board of Officers constituted for enlistment in CRPF as Followers. It is also admitted that the petitioners having been found medically fit for the post of Follower were issued with the offer of appointment vide letter no. R -II -1/98 -GC -RC dated 29.7.1998 with a direction to report Group Centre, CRPF, Muzaffarpur, Bihar, and finally were given appointment in the Fol - lower trade of C.R.P.F. after being declared physically and medically fit for the said post by Jamshedpur Medical Board. It is further stated that enlistment of the petitioners were considered by the Department only on submission of their willingness of their appointment on the post of Follower in C.R.P.F. It is, thus, submitted that the petitioners having accepted their appointment on the post of Follower have no claim for the reliefs as prayed.