Prasenjit Mandal, J. - (1.) THIS mandamus appeal is directed against the judgment and order dated August 07, 2012 passed by one of the learned Judges of this Hon 'ble Court in W.P. No. 1331 of 2011 thereby dismissing the said writ petition.
(2.) WHILE the petitioner was performing his duties as Engine -Serang and was on the sea at Chennai, he became ill and on the recommendations of the Medical Officer of the respondent authority, he was admitted to a Chennai Hospital. After treatment, the Medical Officer of the said Hospital opined that he had recovered and might be repatriated to his homeport for following up the matter as at that point of time he was fit to travel by air. Subsequently the respondent authority requested the Medical Superintendent, Medical Board, G.B. Pant Hospital, Port Blair to assess the fitness of the petitioner after medical examination and then the Medical Board advised that the petitioner might perform light duties i.e. offshore -duty for six months and thereafter his case might be reviewed. Subsequently, after re -examination, the Medical Board advised the authorities not to continue with the service of the appellant at sea since there was no provision for offshore -duty in the Directorate. He was declared medically unfit. Accordingly, the appellant was granted severance compensation and gratuity which were accepted by the appellant on protest. Thereafter, he filed a representation for grant of disability compensation under Clause 25 of the NMB Agreement, 2006 -2008. But, it was not granted. The appellant was compelled to file the Writ Petition No. 1331 of 2011 which was dismissed by the impugned judgment and order. Being aggrieved, this appeal has been preferred by the petitioner/applicant herein.
(3.) NOW , the question is whether the impugned judgment and order should be sustained.;