IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 5717 of 2011 Date of Decision: 31.3.2011. Mahinder Singh --Petitioner Versus Union of India and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Rajeev Anand, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Ms. Ranjana Shahi, C.G.S.C, present in the Court on behalf of Dr. Amol Ratan Singh Sidhu, Assistant Solicitor General of India has been asked to accept notice on behalf of respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. The petitioner is serving as a Head Constable (G.D) and posted at 84th Battalion, C.R.P.F. In the year 2003 he was diagnosed for heart ailment. At the relevant time petitioner was posted at Delhi. He was referred to a Heart Centre at Ghaziabad. No reasons have been indicated either in the reference order (Annexure P-1) or otherwise in the writ petition as to how and under what circumstances the petitioner was referred from Delhi to Ghaziabad when the best medical facilities were available in Delhi. In any case the hospital at Ghaziabad found the petitioner fit for service after the surgery. Thereafter, petitioner was posted at Golaghat (Assam) in 8th Battalion, C.R.P.F and then to Sri Nagar in the State of Jammu & CWP. No. 5717 of 2011 -2- Kashmir. In the annual medical examination held on 1.3.2004 the petitioner was placed in Low Medical Classification P2 (T-24) i.e temporary for 24 weeks. In the year 2005 petitioner was posted at Group Centre, Jallandhar. In October, 2006 during the annual medical examination petitioner was again placed in Low Medical Category P2 (Permanent). Despite this petitioner was posted at Sri Nagar in the year 2008 for active combat duties. He was referred to Composite Hospital, C.R.P.F, New Delhi for medical categorization. Vide certificate dated 4.11.2009 issued by one Narinder Mohan Hospital & Research Centre petitioner was declared fit for joining the routine duties. On the basis of the aforesaid certificate, petitioner made a representation dated 23.11.2009 to the Commanding Officer for declaring him fit for the duties. It seems that the case of the petitioner was placed before Departmental Rehabilitation Board which assembled at Chandigarh on 9.3.2010. The Departmental Rehabilitation Board vide its communication dated 10.3.2010 recommended the petitioner for invalidation and for assessment of his disability percentage from the medical board in the prescribed form. As a consequence of the aforesaid opinion, petitioner has been referred to the Composite Hospital, C.R.P.F. Ban Talab, Jammu for assessment regarding his disability percentage. Petitioner is aggrieved of the aforesaid order. The entire case of the petitioner is that he is fit for general duty including the combat duties and thus the boarding out of the petitioner is contrary to the standing order no.7/1999 issued by the C.R.P.F which deals with the rehabilitation of the force personnels. The petitioner has also referred to recommendations of the Commandant, 84th Battalion, C.R.P.F dated 30.8.2010 (Annexure P-6) and dated 26.9.2010 (Annexure P-7), wherein the Commandant has CWP. No. 5717 of 2011 -3- recommended that the petitioner is fit for discharge of the duties in the force. The grievance of the petitioner is that he is being assessed for percentage of disability for boarding out without considering the status of his health from the competent board whether he is fit for performing general duty or not. From the above facts it appears that the petitioner remained posted at various places like Assam and Sri Nagar in the State of Jammu & Kashmir, where he was required to perform combat duties. Petitioner is presently posted in the State of Jammu & Kashmir, where he is engaged for combat duties. The Commandant of 84th Battalion has also recommended that the petitioner is fit for general duties except the board held at Chandigarh. There is no other assessment of any competent medical board regarding the health status of the petitioner and the medical category to which he should be placed. In view of the above circumstances, this petition is disposed of with a direction to the Composite Hospital, C.R.P.F. Ban Talab, Jammu to firstly assess the medical category of the petitioner on the basis of his performance in the last 5 years in the State of Jammu & Kashmir and elsewhere whether he is fit to discharge combat duties or general duties as a force personnel and the medical category to which he should be placed. If, the aforesaid hospital gives a negative opinion against the petitioner, he shall be referred to the Medical College, Jammu, where Principal of the college will constitute a Board of Doctors for medical examination of the petitioner and depending upon the report of the Medical Board so CWP. No. 5717 of 2011 -4- constituted, the competent authority shall initiate appropriate action. Till the aforementioned exercise is completed, the invalidation proceedings for boarding out the petitioner shall remain in abeyance. (PERMOD KOHLI) JUDGE 31.3.2011. lucky