WP(C) 5314/2009 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Ms. K Akhtar, learned counsel appearing for the petitioner. Also heard Mr. M. Gani, learned Central Government Counsel appearing for the respondents. 2. The petitioner who served as a Rifleman in the Assam Rifles Organization since 29.8.1986 and was thereafter discharged from service on medical ground on 31.3.2001, has approached this Court seeking a direction for his re-engagement in service and or to grant him 100% disability pension. 3. According to the diagnosis made by the Command Hospital (SC), Pune on 24 .4.2000, the petitioner was found to have been suffering from Recurrent Nerve S heath Tumor (LT) Supracondyler (OPTD) and considering the said diagnosis the m atter was re-examined by an Invalid Medical Board (IMB), the petitioner was reco mmended to be released from service with 100% disability. 4. It is argued by the petitioner that in the Discharge Certificate (Annexu re-2) issued by the Commandant of 15 Assam Rifles, the petitioner was recommende d as suitable for re-enlistment in Assam Rifles for General Duty . Accordingly Ms. Akhtar, learned counsel submits that the respondents ought to have considere d re-enlistment of the petitioner for non-combatant duties in the organization p articularly after finding of fitness given by the Divisional Medical Board at Na inital on 28.11.2006, declaring the discharged rifleman to be in good health wit h ’Nil’ suffering from any disability. 5. The learned Central Government Counsel on the other hand submits that th e petitioner was discharged on medical ground as far back as on 31.3.2001 and he had also sought voluntary release from service. Accordingly it was not incumben t for the respondents to consider re-induction of the petitioner in the organiza tion. 6. However the learned counsel for the petitioner vehemently submits that t he signature of the petitioner in the Willingness Certificate prepared on 9th Se ptember, 2000 (Annexure-4) was obtained though duress and the same cannot come i n the way of a fresh assessment by the Medical Officers in the organization, as the petitioner was declared suitable for re-enlistment in the Assam Rifles organ ization. Although the petitioner is out of service since last about 9‰ years, th e petitioner claims that he has managed to keep himself fit and if a re-assessme nt is made of his fitness condition, the respondents even now will surely find h im fit enough for re-enlistment. It is also submitted by the learned counsel tha t the petitioner has fully recovered from the Recurrent Nerve Sheath Tumor (LT) Supracondyler (OPTD) and in all fairness the respondents ought to have conside red him for re-enlistment. 7. I find from the affidavit of the respondents that since the disability o f the petitioner was not attributed to or was aggravated by the service in the Assam Rifles organization, the petitioner has received minimal invalid pension o f Rs.1275/- (Rupees one thousand seventy five) per month after rendering nearly 15 years of blemishless service with the organization. The petitioner also claim s to have fully recovered and he pleads for fresh chance to be re-enlisted in th e organization, after appropriate medical assessment. 8. Since it was recorded in the Discharge Certificate itself that the petit ioner is suitable for re-enlistment in the organization, I am of the considered opinion that the respondents ought to have considered the petitioners prayer for a fresh assessment of his condition. However all pleas for such reconsideration went unheeded forcing the petitioner to knock on the doors of the Court. 9. Considering the above, I am of the view that ends of justice would be se rved if the respondents are directed to subject the petitioner to a fresh medica l assessment to consider whether the petitioner is suitable and fit for re-enlis tment in service, since it was declared so in the Discharge Certificate issued t o him. Accordingly the commandant of the 15 Assam Rifles is directed to take ne cessary steps to have the petitioner examined by a competent medical board, to d ecide as to whether he can be re-enlisted in the organization in the Civil Polic e, as was specified in the Discharge Certificate dated 31.3.2001. 10. The petitioner is accordingly permitted to report before the Commandant of the 15 Assam Rifles on or before 21.2.2011. On such reporting the Commandant would ensure a Review of the medical condition and fitness of the petitioner to assess his suitability for re-enlistment. 11. The petition stands disposed of with the above direction.