PHULENDRA KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Assistant Solicitor General for the respondent C.R.P.F.

(2.) The petitioner seeks a direction on the respondent authorities to pay arrears of salary from 16.7.2003 till his re-joining on 19.10.2009 and other consequential reliefs.

(3.) The facts of this case are not in dispute as this is the second time that the petitioner has been compelled to approach this Court. The petitioner had earlier joined the C.R.P.F. on being finally selected and being declared medically fit on 16.6.2003. Thereafter on account of a C.B.I, enquiry in the matter of recruitment process concerned by a letter dated 28.3.2004 the petitioner as well as a large number of selected candidates were directed to go back to their home and information would be sent to them after the enquiry was over. In the C.B.I, enquiry the appointment of the petitioner and many others were found to be valid and accordingly by letter dated 1.9.2005 the petitioner was directed to appear on 26.9.2005 for re-medical check up. On the basis of the said medical check up the petitioner was declared unfit. Ultimately, however, the petitioner approached this Court by filing C.W.J.C.No. 6067 of 2009 in which it was observed that the respondents themselves on 15.1.2007 were saying that there was no provision for fresh medical test and for the said reason the writ application was allowed by order dated 14.5.2009 and the respondents were directed to accept the joining and allot duties to the petitioner in accordance with law. The petitioner thereafter was allowed to join but the grievance of the petitioner with regard to payment of arrears of salary from the date of initial joining on 16.7.2003 till his rejoining on 19.10.2009 has not been redressed when he was allowed to rejoin.