RAKESH TIWARI, J. - (1.) HEARD counsel for the parties and perused the record.
(2.) THE father of the petitioner was appointed as a constable in Railway Protection Force, Eastern Railway, Sonpur. He moved an application before the Divisional Security Commissioner, Eastern Railway, Sonpur, for voluntary retirement on ground that due to health reasons, he is unable to perform his duties. His application was accepted and the petitioner's father was given voluntary retirement. The mother of the petitioner made a representation to respondent No. 2, Divisional Security Commissioner, Eastern Railway, Sonpur, for consideration of her husband's premature retirement and for treating her husband in continuous service. From the record, it appears that no application for reconsideration of premature retirement was moved by the father of the petitioner. In the meantime, father of the petitioner died and a representation was moved for appointment on compassionate ground. The representations were decided informing her that (i) there is no provision for reappointment or re -employment after premature retirement, (ii) there is problem of surplus employment or overstaffing and (iii) there is no provision for appointment on ground of mercy.
(3.) THE counsel for the petitioner relied upon Rule 85 of the Railway Protection Force Rules, 1987 and contends that whenever an appointing authority, on receipt of a 'report', considers that a member of the Force has become unfit to perform his duties as a member of the Force because of his physical or mental conditions, he may order that the member be examined by the Medical Board and in case the Medical Board comes to the conclusion that the member is unfit for service, the appointing authority shall communicate to the said member, the findings of the Medical Board and call upon him to submit any representation. On receipt of such representation, the appointing authority may pass such orders as he deems fit.;