SUBASH CHANDER Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) Letters Patent Appeal has been filed against the decision of the learned Writ Court dated 20.04.2009 in SWP No.561/2006 in case titled ,,Subash Chander vs. Union of India & ors.' with a prayer for setting aside the same.

(2.) Case was called out twice. None appeared for the petitioner. However, since the appeal relates to the year 2009, we are not inclined to adjourn the same. We have gone through the order of the learned Single Judge, records attached thereto and propose to decide the appeal on merits.

(3.) Brief facts of the case leading to the filing of the instant Letters Patent Appeal are that the appellant filed SWP No.561/2006 in case titled ,,Subash Chander vs. Union of India & ors.' challenging his retirement from service on medical grounds ordered under Rule -25(3) of the BSF Rules, 1969 vide Annexure -D dated 18.10.2006. The aforementioned writ petition was clubbed with a bunch of writ petitions in which challenge had been raised by the petitioners therein to the proposed action of the respondents for boarding them out from service on medical grounds with a prayer for directions to allow them to continue in service or in the alternative to be provided sheltered appointment in terms of the provisions of the "Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995".