- (1.) Heard learned counsel for the parties. Petitioner is aggrieved against the order dated 14.07.2011 passed in W.P.(S) No. 5669 of 2004 by which petitioner's writ petition has been dismissed.
(2.) The petitioner was holding the post of Lance Naik. According to petitioner, he was posted at Rajauri Sector during Kargil war where he suffered injuries whereas respondents' stand is that the petitioner suffered injuries while fighting with militant. Be it may be, petitioner suffered injuries and consequential medical disability while discharging duties. Due to this medical disability, petitioner was given sedentary duty and was posted as bus conductor of a school bus. When the petitioner became eligible for promotion to the post of Head Constable, his case was considered by the Departmental Promotion Committee on 14.02.2002. However, he was declared fail, therefore, the petitioner approached this Court to challenge the decision of the Departmental Promotion Committee wherein he was declared fail.
(3.) In reply, it came that petitioner was found unfit for promotion due to 75% medical disability as certified by the office of Medical Superintendent. Safdarjung Hospital, New Delhi.;