UNION OF INDIA Vs. MAKHAN SINGH

JUDGEMENT

(1.) This appeal is preferred against the order of the Writ Court made in SWP No. 1679/2001 dated 23.07.2010 allowing the writ petition of the respondent and giving directions to the appellants to re-consider the case of the respondent for shifting him to Tradesman Category in the light of the recommendations made by senior Advisor Opthalmology, Command Hospital, Central Command, Lucknow.

(2.) The case of the respondent before the Writ Court was that he was recruited as infantry soldier (General Duty) on 16.02000 through Branching Recruiting Office Jammu and allotted No. 2695936 and was deputed for undergoing one year- s basic training course at Jabalpur. In Jan., 2001, while undergoing training the respondent was subjected to second medical examination and found to be suffering from colour blindness and boarded out of military service. According to the respondent, at the time of his enrolment in Indian Army he was not suffering from any ailment including the ailment detected during his second medical examination and after undergoing the Martin Lantern Test, the Opthalmologist at Command Hospital, Central Command, Lucknow opined that respondent was not fit for General Duty and he could be transferred to Tradesman category. It is the further case of the respondent- before the Writ Court that without taking into account the opinion of the Eye Specialist of Command Hospital, Central Command Lucknow the appellants boarded out the respondent and he was relieved without any formal discharge.