- (1.) The Petitioner has challenged the order of his compulsory retirement dated 8.12.2005 passed by opposite party No. 3. The Petitioner challenges the order on the ground of non-application of mind, non-availability of sufficient material before the Screening Committee and pre-determination on the authority of the opposite parties to oust the Petitioner from the department.
(2.) Affidavits have been exchanged and the record has also been produced.
(3.) The Petitioner, who was appointed on the post of "Lascar" on 9.9.1975. It is a post which carries the work of cleaning the rifle, looking after the work of store and supply of ration in the N.C.C Camp. This is supposedly a heavy duty job. The Petitioner was keeping indifferent health. He developed brain tumor and underwent treatment at K.G.M.C., Lucknow from 2.6.2002 to 7.4.2003. He was also advised bed rest till 27.2.2005. In between, the Petitioner suffered paralysis on 1.12.2004. The Petitioner was admitted in the National Hospital, at Tikaitrai Talab, Mohaan Road, Lucknow. On 25.6.2005 the Petitioner moved an application to the opposite parties that since he has suffered brain tumor and has been visited paralysis attack, hence he may be allowed to do some light duty instead of the duty of a Lascar. The Petitioner says that instead of giving this duty, the Petitioner has been compulsorily retired by the Screening Committee. The report of the Screening Committee, has been annexed with the supplementary affidavit filed by Respondent Nos. 1 to 3, as annexure SA-1. The finding of Screening Committee is being reproduced as under: Sri S.D. Misra:The individual has always been a disciplinary case and has himself stated that he is unable to perform the duties of Lascar. The individual has been told to produce medical certificate to prove his allignment, which he has not done. Based on his service record and various medical claims and petitions forwarded by the individual. It is found that individual is unfit to perform duties of Lascar after attaining 50 years of age and recommended for compulsory retirement as per U.P. Government order 13/48/85- Karmik-1 dated 26 Oct., 1985 and NCC Directorate (UP & UA) letter No. 653/PF/Pers/(Ga) dated 8 Apr., 1987.;