RAM NARESH CHOUDHURY Vs. CENTRAL COALFIELDS LIMITED, RANCHI

JUDGEMENT

(1.) HEARD learned counsel appearing for the parties and perused the documents on record.

(2.) THE petitioner was initially appointed on 27.03.1981 as Arm Guard. On 31.01.2002 while on duty, the petitioner sustained gunshot injury. Since, the petitioner was unable to perform his duty, he was paid allowance of Rs. 7500/ per month between the period 01.02.2002 and 23.08.2006. On 23.08.2006, a Medical Board was constituted which declared the petitioner fit to join duty. Aggrieved, the petitioner preferred an appeal and on 19.03.2009 the Medical Board assessed the extent of disability at 35%. Still aggrieved, the petitioner preferred another appeal and the matter was referred to Labour Rehabilitation Officer, Hazaribagh. On 15.12.2009, the Civil Surgeon, Hazaribagh examined the petitioner when, it was found that the petitioner has suffered 70% disability.

(3.) A counteraffidavit has been filed stating that, since the petitioner was declared fit for alternate duty however, he did not join duty on or after 29.03.2007, he was not paid full salary, allowances, etc. It has also been stated by the respondents that after the petitioner sustained gunshot injury and became disabled to perform his duty, he was paid "Injury on Duty" wages and his salary was credited in his salary account. A plea has taken that since, the petitioner resumed his duty and continued to work satisfactorily for which, he was paid full salary, allowances, etc. his claim for premature retirement was not accepted.