O P SHARMA Vs. UNION OF INDIA
HIGH COURT OF DELHI
O P SHARMA
UNION OF INDIA
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S.N.AGGARWAL, J. -
(1.) The petitioner in this writ petition calls in question the order passed by the respondents on 21.11.2003 denying him extension of service for two more years on the basis of his permanent low medical category BEE(P). He has prayed for a writ of certiorari quashing the order dated 21.11.2003 passed by the respondents; directions to the respondents to give him extension with all consequential benefits and also to pay him damages of Rs.50 lacs as he has lost his left kidney due to their malafide act.
(2.) The necessary facts relevant for the disposal of this writ petition are summarized as follows:
(3.) The petitioner had joined the Army service as Sepoy Clk/Lance Naik Clk in 1977. Consequent upon his appointment in the Army he was posted at different places from time to time and was also given promotion as per his entitlement and when he filed the present writ petition in 2005 he was holding the rank of Subedar. In 1983 he underwent surgery for removal of stone from his left kidney in Army hospital at Lucknow. Thereafter he was examined by the medical board and was found in shape I and was, therefore, kept in medical category 'A' till November, 1997 when he suffered multiple renel calculus in his right kidney. In October, 1997 the doctors in the Army hospital diagnosed that the petitioner had a stone in his right kidney. The treating surgeon had recommended for the management by the Urologist. The petitioner was explained the consequences of the treatment by the Urologist consequent upon which he refused in writing for further management. Consequently, the petitioner was placed in low medical category CEE(T) for six months w.e.f 22.11.1997. He was again placed in temporary low medical category CEE (T) for another six months w.e.f 22.5.1998. This temporary low medical category CEE(T) was again extended for another six months w.e.f 22.11.1998. In the meanwhile, the petitioner had undergone treatment/surgery for removal of stone from his right kidney in the Army hospital and consequent thereto he was placed in temporary low medical category BEE (T) for six months w.e.f 22.5.1999 and thereafter he was placed in permanent low medical category BEE for two years w.e.f 22.11.1999 and this extended for another two years w.e.f 22.11.2001. Each time the petitioner was placed in permanent low medical category BEE, he was examined by the medical re- categorisation board. Since the petitioner was placed in permanent low medical category BEE which continued till the expiry of his normal service limit in the rank of Subedar, he was denied extension of service by two years as per policy of the respondents vide impugned Office Order dated 21.11.2001 (Annexure P-6). Aggrieved, therefrom the petitioner has preferred this writ petition and has prayed for a writ of certiorari quashing the said impugned order and to give him extension of service by two years as according to him the respondents have acted malafidely in not placing him in permanent low medical category BEE in 1983 itself when he had undergone major surgery for removal of stone from his left kidney. The petitioner has alleged that his medical category was not lowered in accordance with Army rules in the year 1983 when he underwent a major operation for removal of stone from his left kidney. At that time his medical category was 'AYE' despite the Army rules to lower the medical category for minimum of six months and after that the medical board sits and decides after examining the condition of personnel that his category could be upgraded or not. It is stated that the petitioner's medical category was not lowered in 1983 by flouting the rules due to mala fide intention on the part of the respondents. The petitioner came to know about the alleged removal of his left kidney in 1998 while he was undergoing treatment for removal of stone from his right kidney. The petitioner has alleged that the respondents' hospitals are running a racket of selling of kidney of armed forces personnels on the pretext of removing kidney stone. According to him, his left kidney was removed on the same pretext and for that reason he claimed Rs.50 lakhs as compensation for removal of his left kidney in 1983 without his knowledge.;
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