MOTI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant, a Constable in the Central Industrial Security Force (CISF), was boarded out from service in terms of order dated 06.02.2002. He was granted invalid pension with effect from 06.06.2002. Feeling aggrieved of the order of boarding out dated 06.02.2002 and strucking-off his name from rolls of force by order dated 06.06.2002, appellant-writ petitioner challenged the same in SWP No. 39/2003. The said writ petition was dismissed by the learned Writ Court vide order dated 26.08.2013. It is this order which is called in question in this Letters Patent Appeal (LPA).

(2.) In view of the issue raised in the pleadings and submissions made at the Bar by the learned counsel for the appellant-writ petitioner, this Court on 17.02.2014 directed the Chief Medical Officer, Jammu to examine the appellant afresh to find out whether he suffers from Bilateral Osteoarthritis. The Medical Board was directed to examine the appellant without being prejudiced by any observation made either in order dated 17.02.2014 or the certificate dated 03.04.2002.

(3.) Medical Board, Government Medical College and Associated Hospitals, Jammu has filed certificate dated 11.03.2014, wherein it has been stated that on examination of the appellant, it was found that he was able to sit down on the floor, sit cross legged, squat and walk without any discomfort. It is also certified that the appellant did not have any swelling in either knees and had full range of movements. On X-ray examination, it was reported to be a case of early Osteoarthritis changes in both knees. It has been also certified that he is fit to do any routine activities of the knees and does not seem to be handicapped. He is fit to do any job.