DEEPAK ROSHAN,J. - (1.) Heard learned counsel for the parties through V.C.
(2.) The instant application has been preferred by the petitioner for following reliefs:- (i) For issuance of an appropriate writ (s), order (s) direction(s) for quashing the order dated 10.12.2010 contained in Ref. No. RII4/2010-BS-ADM-2A passed by the respondent No. 2 whereby and whereunder the revision under Article 39 of CRPF Rules 1949 has been rejected; (ii) For issuance of an appropriate writ(s) order (s) direction(s) commanding upon respondent to reinstate the petitioner into services with entire benefit accrued to him thereon and/or alternatively pay to him the disability pension from the date of his retirement under Rule 38 of CCS Pension Rules, 1972.
(3.) The facts of the case lie in a narrow compass. The petitioner was appointed as constable under Central Reserve Police Force on 15.04.2006, thereafter, he continued to render his services till October, 2006, when he fells seriously ill and was referred to PMCH at Dhanbad and on diagnosis it was found that he was suffering from acute psychosis and thereafter, he was referred to Central Institute of Psychiatry Kanke Ranchi, where he was admitted w.e.f.13.11.2006 to 02.01.2007, thereafter, he was refereed to medical Board for ascertainment of disability percentage and the senior medical officer CRPF, Sindri, on the basis of examination has found that the disablement of the petitioner is assessed to be 70%. Pursuant to that a memo contained in letter dated 21.05.2008 was issued whereby the petitioner has been informed that he has been found 70% disabled as such he has been declared to be disabled to continue in service and he has been further informed that he is going to retire after one month from the date of issuance of memo under Rule 38 of CCS Pension Rule, 1972. Thereafter, the petitioner preferred an appeal against the said order of his retirement before the appropriate authority on 04.06.2008 duly enclosing the medical certificate issued by one Dr. Ashok Kumar Prasad, MD, DPM Psychiatrist, R.M.C.H, Ranchi. However, his appeal was rejected by the appellate authority.;