Decided on June 12,2006

R.BHUSAL Respondents


Arijit Pasayat, J. - (1.)Union of India calls in question legality of the judgment rendered by a Division Bench of the Delhi High Court allowing the writ petition filed by the respondent. By the impugned judgment. High Court directed the present appellant to grant the writ petitioner a permanent commission. It was further directed that alternate employability was to be given, keeping in view his medical fitness.
(2.)Background facts in a nutshell are as follows:
The respondent was granted Short Service Commission with No. 3 Helicopter Short Service Commission Course on 19.2.1993, His initial terms was for ten years as per terms and conditions of service. In February 2001, he was considered for grant of permanent commission. The suitability assessment consisted of minimum demonstrated performance and medical fitness. The former was to be gauzed from the grading in the confidential annual reports for the previous three years and on the basis of mandatory qualities like professional knowledge, job proficiency integrity, loyality, dependability, sense of responsibility, courage (mental and physical), bearing and demeanour. For grant of permanent commission, a minimum average of 6.5 in the previous three years appraisals and not less than 6 in the mandatory qualities. As regards medical categoriation, the requirement was not below the rating of A-2-G-2. According to the appellant, respondent averaged 6.0 as against the minimum requirement of 6.5. As regards medical fitness, he was in the category of A4G3. Accordingly he was not recommended for permanent commission by the Board and release order was issued on 11.4.2002. Respondents representation was rejected. Thereafter, respondent filed a writ petition before the High Court. His basic stand was that he was in the lower medical category as he was involved in an aircraft accident and that should not have been taken into account to deny permanent commission, particularly when the Chief of the Air Staff had on enquiry found that no one could be blamed and the injuries sustained by the petitioner were attributable to service.

(3.)Stand of the present appellant was that low medical categorisation had no bearing on the decision to deny the permanent commission. It was categorically stated that the writ petitioner did not meet the minimum performance criteria.

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