- (1.) THIS appeal is admitted and be listed for hearing in the third week of January, 2009.
(2.) COUNSEL for the appellant submitted that the appellant had been discharging duties as Constable in Border Security Force and had faced an encounter with the terrorists in the State of Jammu and Kashmir, after which he suffered grievous injury on both his legs and also suffered paralytic stroke at the age of 28 years. Thereafter, he was engaged as a Typist to discharge duties in the office of the Training Centre and School, Border Security Force, Hazaribagh, but suddenly he was saddled with an order, removing him from service on the ground that he had already received compensation and was then boarded out of service. Counsel for the appellant assailed the order of removal from service relying upon a circular dated 28th May, 1992, contained in Annexure -13 in response to the rejoinder filed by the appellant, indicating that even if a Government servant is retained in service, he can be held eligible to receive compensation alongwith the alternative job offered to him.
(3.) COUNSEL for the respondent -Union of India, however, submitted that the aforesaid circular cannot be held applicable with retrospective effect.;