UNION OF INDIA UOI Vs. HASAN KHAN

JUDGEMENT

(1.) BY this writ petition the petitioners challenge the order of the Central Administrative Tribunal, Jaipur Bench, dated 25. 9. 2002 passed in O. A. No. 398/97. The facts giving rise to the writ petition, are as follows:-

(2.) ON 21. 3. 1980 the private respondent was appointed as Statistical Assistant on ad hoc basis. Thereafter, on 4. 3. 1991 his services were regularised. On 30. 4. 1996, a medical board was constituted, for his medical examination. After the receipt of the opinion of the medical board his services were terminated on 30. 9. 1996 as he was found to be unfit for government service on account of medical disability. With effect from the same date the said respondent was granted disability pension. The private respondent feeling aggrieved by his termination, filed an Original Application before the Central Administrative Tribunal, Jaipur Bench. The Tribunal, vide impugned order, directed as follows:-

(3.) MR. M. Bhandari and Mr. B. Bagri, learned counsel appearing from the petitioners submit that the Tribunal erred in giving the aforesaid directions to the petitioners. According to the learned counsel the private respondent has acquired a medical disability as a result of which he is unable to perform the duties of his post. The learned counsel urged that the disease from which he is suffering has reduced his mental faculty to the level of a ten years old child. It was also submitted that the provisions of the Act are in conflict with the Central Civil Services (Pension) Rules, 1972, and the Industrial Disputes act, 1947, and this being so, the former act must give way to the later Acts.