UNION OF INDIA Vs. KAULESH KUMAR JHA

JUDGEMENT

(1.) THE appeal is barred by limitation.

(2.) AFTER having heard learned counsel for the parties and taking into consideration the averments made in the limitation petition, we are satisfied that sufficient ground has been made out to condone the delay. Accordingly, the delay in filing this appeal is condoned.

(3.) THE facts which are not in dispute are that on 1.9.1989 126 Auxiliary Battalion of CRPF was raised by the Central Government. Initially appointments were made of several persons including the writ petitioners/respondent as auxiliary constable for a period of six months. Respondent No. 1 was appointed in the year 1991 whereas respondent No. 2 was appointed !n the year 1989. The said period was extended at different intervals with the approval of the Govt. of India. The writ petitioners/ respondents continued along with others up to 31.3.1994 when the decision was taken for regularisation of existing Auxiliary Battalion in the regular CRPF battalion and a Board consisting of different officers was constituted to carry out screening of the existing Auxiliary personnel for their suitability for recruitment as regular constables/followers. It was further decided that all the constables and followers of Auxiliary Battalion shall be subjected to all recruitment tests except physical efficiency test. Thereafter the Screening Board conducted the medical examination of the Auxiliary constables/followers as part of the screening test. No phycial efficiency test was conducted in the screening test The writ petitioners/respondents were declared medically unfit and their services were terminated with effect from 31.9.1994. A copy of which has been annexed as Annexure 3 to the writ application. Respondent Mo. 1 was found medically unfit on the ground of defect colour vision, hypertension, haemmorhoid and respondent No. 2 was found to be suffering from colour blindness.