CWP No. 17911 of 2007 (1) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CWP No. 17911 of 2007 (O & M) Date of decision: December 11, 2008 Hav. Ram Chandra Udevania --- Petitioner Versus Union of India & others ---- Respondents CORAM: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present: Mr. Sudhir Mittal, Advocate, for the petitioner. Mr. Hemen Aggarwal , Central Govt. Standing Counsel for Union of India/respondents. Ashutosh Mohunta, J (Oral). CM No. 23422 of 2008 CM is allowed. The writ petition is taken up for hearing. CWP No. 17911 of 2007 By this judgment, we intend to dispose of a bunch of Civil Writ Petitions bearing Nos. 17268 of 2007, 17311 of 2007, 17375 of 2007, 18384 of 2007, 18386 of 2007, 18645 of 2007, 18651 of 2007, 6492 of 2008, 8330 of 2008, 9256 of 2008, 10872 of 2008, 16475 of 2008, 16764 of 2008, 20385 of 2008, 20629 of 2008, 20630 of 2008, 20670 of 2008, 20748 of 2008 and 20788 of 2008 as common question of law and facts arises in all these petitions. The order is being written in CWP No. 17911 of 2007. The only question involved is whether the holding of CWP No. 17911 of 2007 (2) Invaliding Medical Board is the condition precedent for discharge of personnel below officer rank (PBOR) on account of low medical category? The petitioner, who was admittedly personnel below officer rank was discharged from Army service without holding of Invaliding Board. Counsel for the Union of India does not dispute this factual position. Counsel for the petitioner submits that the question whether it was mandatory for the respondents to hold Invaliding Board before discharging the personnel below officer rank, came up for consideration before the Hon'ble Apex Court in Civil Appeal No. 6587 of 2008 ( arising out of S.L.P.(C) 6037 of 2007) titled Union of India & others Vs. Rajpal Singh, wherein while upholding the judgment of Delhi High Court, it was held as under: “In view of the foregoing interpretation of the relevant rule, we are in complete agreement with the High Court that where a JCO is sought to be discharged on the ground of medical unfitness for further service, his case has to be dealt with strictly in accordance with the procedure contemplated in Clause I (ii) in Column 2 of the Table appended to Rule 13. The Rule prescribes a particular procedure for discharge of a JCO on account of medical unfitness, which must be followed and, therefore, any order of discharge passed without subjecting him to Invalidating Board would fall foul of the said statutory rule.” In view of the above, it is held that the discharge of the petitioner was not in accordance with the prescribed procedure. Accordingly we allow all these writ petitions, set aside the discharge of the petitioners and direct the respondents to re-instate the petitioners in service with all consequential benefits. The respondents are, however, not precluded from holding the Invaliding Medical Boards after such joining in accordance with law as per the Army Act, 1950, The Army Rules, 1954 and Army Instructions. CWP No. 17911 of 2007 (3) Copy of the order be given dasti on payment of usual charges. [Ashutosh Mohunta] Judge [Rajan Gupta] Judge December 11, 2008 `ask'