CWP No.13778 OF 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.13778 OF 2008 Date of Decision: 5.8.2008. Birendra Singh(No.JC 299347W Rank Nb Sub/Clerk) s/o Sh.Sheo Dhari Singh posted in 130 AD Regt. C/0 56 APO. ............. Petitioner Versus Union of India and others. ..............Respondents. CORAM:HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE JASWANT SINGH Present:- Sh. Rajeev Anand, Advocate for the petitioner. JASWANT SINGH, J. This petition has been filed by the petitioner challenging the order dated 13.12.2007 (Annexure P-2) qua the petitioner vide which he has been ordered to be prematurely discharged from military service w.e.f. 30.9.2008 being Low Medical Category (LMC). Broadly, the facts are that the petitioner, a Naib Subedar (Clerk ) (JCO), was enrolled in the Army as a Sepoy on 30.9.1983 in SHAPE 1 medical category. He earned promotions as Lance Naik, Naik, Havaldar and subsequently as Naib Subedar w.e.f. 2006. In May 2006, the petitioner was diagnosed as suffering from Appendicitis, for which he was operated upon on 23.5.2006. After the operation he was also diagnosed as suffering from (1) Left Renal Calculus, (2) Complete Duplication of PCs with (Rt) lower moiety HDN due to Grade V VUR. The petitioner was, therefore, placed in temporary LMC (SHAPE III) w.e.f. 20.9.2006. He was subsequently referred to Command Hospital, Chandimandir in March 2007 where CWP No.13778 OF 2008 2 Specialists/ Medical Board examined him and his medical category was upgraded to SHAP2(P) for two years with his next review in March 2009. It is stated that the petitioner however, was cured of his ailment and was fit in all aspects and performing his duty like other SHAPE 1/ medically fit colleagues. The record shows that the Army authorities issued a circular dated 12.4.2007 (Annexure P3) conveying the policy decision taken by the authorities to shed some manpower and therefore, the army Personnel Below Officers Rank (PBOR) in the Indian Army in the lower medical category (LMC) were considered as surplus, to be phased out within a reasonable time frame. In pursuance of this decision the impugned order dated 13.12.2007 (Annexure P2) ordering the discharge of the petitioner being LMC w.e.f. 30.9.2008 was passed. The petitioner being fit requested for holding a Review Medical Board for up-gradation of his medical category to SHAPE 1. His Commanding Officer recommended his case. The request was declined. Hence the present writ petition. Notice of motion to respondents. Ms.Sangeeta Dubey, Standing Counsel for Union of India, on our asking, accepts notice. Copies of the writ petition have been supplied to her. We have heard learned counsel for the parties. Learned counsel for the petitioner submits that the petitioner would be satisfied if a Review Medical Board is convened for upgradation of the petitioner before his discharge w.e.f. 30.9.1988 and further action taken on such medical report. This prayer has been made in view of the fact CWP No.13778 OF 2008 3 that similarly situated JCOs had been granted similar opportunity, as is clear from a perusal of document dated 13.8.2007 (Annexure P6). Counsel for the respondents has not been able to dispute the fact that similar treatment, as is given to some other JCOs, has been denied to the petitioner. In our opinion, the prayer made is fair and deserves to be accepted. Counsel for the parties are further agreed that this Court in identical matters bearing CWP No. 13122 (Naib Subedar Babu Lal v. UOI) decided on 1.5.2008 and CWP No. 16026 of 2007 (Nb Sub (SKT)Ramesh Chand v. UOI and others) decided on 10.7.2008, had granted similar relief as is being prayed for in this writ petition. In view of the above, we dispose of this writ petition with a direction to the respondents to convene Review Medical Board, positively within four weeks from today, for determining the medical category of the petitioner and if the report upgrades the medical category of the petitioner to SHAPE 1, then the impugned order of discharge shall be deemed to have been quashed with all consequential benefits, if any, otherwise the discharge w.e.f. 30.9.2008 shall stand. Copy of this order be supplied to the counsel for respondents under the signatures of the Bench Secretary for necessary compliance. (Jaswant Singh) Judge 5.8.2008 (Jasbir Singh) joshi Judge