- (1.) Heard Sri Sheshadri Trivedi, learned Counsel for the Appellant. Sri A. N. Rai appears for the Respondents.
(2.) In this intra-Court appeal, the Petitioner-Appellant enrolled in Central Industrial Security Force as a constable on 26.8.1988 and discharged on 26.6.1995 under Rule 38 of the CCS. Rules, is aggrieved by the judgment of the learned single Judge dated 7.8.2008 by which he has dismissed the writ petition on the ground that the Petitioner was discharged after he was examined and verified by the panel of Doctors and was found to be suffering from 'schizophrenia', which prevented him to carry arm and to perform onerous duties of para military force.
(3.) Learned single Judge considered his disability in the light of the representation dated 25.6.1997 and for giving him benefit of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as P.W.D. Act). He found that in view of notification dated 10.9.2002 issued by the Central Government under Section 47 of the P.W.D. Act, exempting all categories of posts of 'combatant personnel' only of the Central Para Military Forces (C.P.M. Fs.) namely Central Reserve Police Force (C.R.P.F.), Border Security Force (B.S.F.), Indo Tibetan Border Police (I.T.B.T.), Central Industrial Security Force (C.I.S.F.) and Assam Rifles, from the provision of said section, the said provisions cannot be invoked or utilized by the Petitioner for a sheltered or a sedentary job. The provisions of Sections 47 and 33 of the P.W.D. Act have been exempted vide Notifications No. S.O. 996 dated 10.2.2002, and S.O. 994 dated 10.2.2002 respectively for these C.P.M.F's.;