REGTL. NO. JC-3400207 W NB SUB/GD NARENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Ms. Julekha Khan, learned counsel appearing for the petitioner and Mr. Boboy Potsangbam, learned CGSC appearing for the respondents. The present writ petition has been filed with the prayer for quashing and setting aside the discharge certificate issued by the Commandant, 45th Assam Rifles discharging the petitioner from service w.e.f. 1/8/2016 with retiring pension coupled with the prayer for directing the respondents to allow the petitioner to continue in his service.

(2.) The facts of the present case, in a nutshell, are that the petitioner was enrolled in the Assam Rifles on 5/7/1986 as a Rifleman (General Duty) and was posted at 1st Assam Rifles on completion of basic training. He was then promoted to the rank of Havildar (General Duty) on 15- 02-2001, then Warrant Officer (General Duty) on 1/6/2011 and again promoted to the rank of Naib Subedar (General Duty) on 1/4/2014.

(3.) The Annual Medical Examination of Personnel of Assam Rifles and cadre officers are governed by Assam Rifles Medical Examination (Categorisation and Invalidation) Rules, 1988. The petitioner's Annual Medical Examination was carried out on 30/7/2015 and his medical condition was graded as SHAPE-1 category. However, the petitioner was subsequently diagnosed to be suffering from "Primary Hypothyroidism" on 12/8/2015 at his unit, i.e., 45th Assam Rifles. Thereafter, the petitioner was referred to the Specialist at 183 Military Hospital for opinion where his medical category was downgraded to be placed at P2 (T-24) w.e.f. 2/9/2015. The petitioner's medical category was further reviewed on 5/3/2016 wherein he was again recommended to continue in the same Low Medical Category for another six months till 5/9/2016.