- (1.) The order dated 28.8.2014 passed in L.P.A. No. 415 of 2008 is being sought to be reviewed on the ground that the order under review was passed without hearing the counsel appearing for the Union of India.
(2.) Having heard learned counsel for the petitioners and on perusal of the order, it does appear that the respondent-Sailender Singh was appointed as Constable in the Border Security Force on 12.3.1987. On 10.9.1992, the respondent-Sailender Singh suffered bullet and bomb injuries in discharging of his duties. On 11.6.1999 the respondent-Sailender Singh was examined by the Medical Board who found him unfit for the job which he was discharging and thereby on 17.2.2000 the respondent-Sailender Singh was made to retire compulsorily.
(3.) Being aggrieved with that order, the writ petition bearing C.W.J.C. No. 3058 of 2000 was preferred by the respondent-Sailender Singh. This Court having regard to the provision as contained in Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995 set aside the impugned order and remanded the case back to the authority for taking a fresh decision in the matter keeping in view the aforesaid provision. The authority upon fresh consideration set aside the order, under which the respondent-Sailender Singh had been compulsorily retired. Consequently he was reinstated in service on 31.5.2002. Subsequently, the services of the respondent-Sailender Singh were terminated keeping in view the notification issued on 10.9.2002 by the Ministry of Social Justice and Empowerment stipulating therein that the protection contemplated under Section 47 of the said Act would not be available to the combatant personnel of Central Para Military Force (CPMF), such as Central Reserve Police Force (CRPF), Border Security Force (BSF), Indo Tibetan Border Police (ITBP), Central Industrial Security Force (CISF) and Assam Rifles.;