Pradeep Kant, J. - (1.) Heard the learned counsel for the petitioner Sri O.P. Srivastava and Sri Mohd. Abid Ali for the respondents.
(2.) The petitioner was inducted as Rakshak in the Railway Protection Force. North East Railway in the year 1953, initially on a temporary post and thereafter he was confirmed vide order dated 1-7-1954. While the petitioner was working as permanent Rakshak, he was directed to appear for periodical medical checkup on 4-2-1966. In this medical examination, the petitioner was declared unfit in medical category B-1, which is meant for Railway Protection Force vide Divisional Medical Officer, Gonda's Certificate No. 1501 dated 1-3-1966, but was found fit for Category B-2 or below. Accordingly his case was referred to the Assistant Personnel Officer, North East Railway, Lucknow vide letter dated 22-4-1966 for alternative absorption. The petitioner was asked to appear before the Standing Committee on 23-7-1968 for examining his case for alternative appointment. There is a dispute on the point as to whether the petitioner went to appear before the Standing Committee or did he make any effort to appear before any such Committee.
(3.) According to the petitioner, he went to attend the Standing Committee, on the date fixed but the Standing Committee was not available because of administrative functions, whereas the case of the respondents in the counter-affidavit is that the petitioner did not appear before the Standing Committee on the date fixed, though he acknowledged the intention given to him in writing. Thereafter the petitioner appears to have moved an application on 25-3-1970 expressing his inability to serve the Railway administration due to his domestic problems. The petitioner was asked time and again by means of letters dated 15-5-1970 and 27- 12-1970 to appear before the Assistant Security Officer, North East Railway for verifying the truthfulness of the application dated 25-3-1970, otherwise his claim would be settled according to his application dated 25- 3-1970. The petitioner instead of appearing before the Committee, submitted an application dated 18-1-1971 for his settlement. The petitioner was thereafter discharged from service vide order dated 18-2-197 1.;