SAT PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has approached this Court for a direction not to board out him on account of his medical category and to provide shelter appointment.

(2.) THE medical facts are that the petitioner was recruited as a Constable GD on 17.6.1978 after undergoing necessary training. He was promoted as Lance Naik and thereafter as Head Constable. He remained posted at various places in the Country including the State of J&K.; While he was posted in 96 Bn.BSF in District Rajouri, he met with a vehicular accident on 24.4.1997 while travelling in vehicle No. WB -23134 driven by one Madan Lal, Head Constable. He suffered multiple injuries in the said accident. After being treated at Udhampur and BSF Hospital, Jammu, he was referred to Medical Board in District Hospital, Rajouri. The Medical Board assessed the disability at 80%. According to petitioner, his case has been recommended for boarding out fromm BSF service on ground of disability suffered by him while performing bonafide government duty. Accordingly he has sought protection under Article 21 of the Constitution of India and the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1985.

(3.) ON being put to notice, respondent -UOI has filed its reply admitting the averments made in the writ petition as regard the service of petitioner and occurrence of the accident. The cause of disability suffered by the petitioner has also not been disputed. In respect to claim of the petitioner regarding his boarding out, it is stated that so far no order boarding out the petitioner has been passed and the writ petition is premature. It is further stated that petitioner has been paid compensation in lieu of disability amounting to Rs. 80,545/ - in May 2001, which amount he has already received as per entry made in his SR at page 3.