SHANKAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner is aggrieved by the office orders dated 12th November, 2008 and 31st January, 2009, issued by the Commandant 116 Battalions, Boarder Security Force, Mahespur, P.O. Murul, Distt. Uttradinajpur, Praiganj, West Bengal, Respondent No. 2, whereby the petitioner has been retired from service of the Border Security Force invoking the Rule 25 of B.S.F. Rules 1969 read with Rule 38(1) of CCS (Pension) Rules, 1972.

(2.) ACCORDING to the petitioner, he has been forced to retire on the alleged grounds of being unfit for service on account of medical disability as determined by the Medical Board Proceedings held on 6th April, 2008, whereunder he has been placed under Low Medical Category S -I, H -I, A -3 (UL), P -1, E -1 and suffering from 68% disability.

(3.) THE brief facts, which are necessary to ascertain whether the preliminary issue of territorial jurisdiction raised by the respondents, is sustainable or not are being noticed hereunder. The petitioner is said to have joined in the Border Security Force in the year 1990 and suffered serious injuries at thigh and left wrist during operation in Jammu & Kashmir while deployed in active duty under 116 Battalions, Border Security Force, in which the petitioner underwent treatment and was placed under the Low Medical Category by the Unit Medical Officer w.e.f. 11th January, 2000. Once again he was examined by the Medical Board on 1st June, 2003 and was placed under Medical Category S -I, H -I, A -3 (UL), P -1, E -1 for two years by Medical Board. On 19th September, 2005 once again he was placed in Low Medical Category with 68% disability with the observation that the disability is permanent and needs continuous physiotherapy and treatment and he is able to perform sedentary duty. The petitioner was allowed to work as a Constable, Dak Runner at Punj, Rajasthan. Thereafter the petitioner was assessed again by a Medical Board on 6th April, 2008, and was found to be suffering from the same 68% disability.