VIJAY SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the action of the third respondent in rejecting the case of the petitioner for promotion as Deputy Commandant, vide order dtd. 25/9/2017 on the ground that the petitioner has been permanently incapacitated though he is on active duty, the petitioner filed the present writ petition under Article 226 of the Constitution of India.

(2.) Sri M.Srikanth, the learned counsel for the petitioner, submits that the petitioner was initially appointed as Sub-Inspector in the Central Reserve Police Force in June, 1990 and thereafter he was promoted as Inspector in the year 1997 and was subsequently promoted to the post of Assistant Commandant on 9/9/2004. While so, the petitioner was directed to shift two companies of the personnel to the State of Chattisgarh on 20/2/2009. While the convoy was on the way, it met with an accident due to which he lost his left leg. A court enquiry was conducted and as per the Standing Orders, he was put in 'E' category. Now though he has been put in-charge of the higher post of Deputy Commandant, no regular promotion is given to him though there are several posts in which a person with incapacitation can be accommodated in CRPF. The petitioner made a representation to the third respondent but the same was rejected on 25/9/2017, which is impugned in the present writ petition.

(3.) It is the predominant contention of the learned counsel for the petitioner that similarly situated persons have been given promotions but the case of the petitioner was rejected, instead he has been put in charge of the same. The petitioner lost his leg in due discharge of the official duty only and as per the SHAPE Category Rules, petitioner is eligible for promotion. As per Standing Order No.04/2008 dtd. 15/12/2008 relating to the instructions for Medical Examination and Classification of Personnel in Central Para Military Forces, there is relaxation of medical fitness for the category of personnel who are injured in discharge of their official duties. In spite of the same, the case of the petitioner was not considered stating that though the petitioner sustained injury while on duty, but his case is not covered under the relaxation in SHAPE-I as provided in Para No.4.17 of Standing Order No.04/2008. Hence the petitioner is constrained to file the present writ petition.