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2007 DIGILAW 1269 (DEL)

CONSTABLE S. K. JHA v. UNION OF INDIA

2007-07-03

S.N.AGGARWAL, T.S.THAKUR

body2007
T. S. THAKUR, J. ( 1 ) THE petitioner has, in this petition, prayed for a writ of mandamus directing the respondents to promote him to the next higher rank of Head constable. The controversy arises in the following circumstances: ( 2 ) THE petitioner is working as a Constable General Duty in the Indo tibetan Border Police. He was eligible for promotion to the next higher rank of a Head Constable but was not, it appears, considered as he was found to be medically unfit by the concerned Medical Board. Aggrieved by the denial of promotion to him on the above ground, the petitioner has approached this Court to assert that he was actually fit to discharge the duties of a Constable as also the duties attached to the higher rank of Head Constable in the force. In support of that submission, he placed reliance upon medical certificates issued to him by three civil hospitals including All India Institute of Medical sciences certifying that he was physically fit to resume duties. Taking into consideration the said certificates, this Court had, by an order dated 11th january, 2007, directed the respondents to constitute a Review Medical Board to determine whether the petitioner continued to be a CEE (Permanent) category case or had improved in terms of his physical fitness, to be able to serve and discharge the duties attached to the post of a Constable of Indo Tibetan Border police. Mrs. Maninder Acharya, counsel appearing for the respondents, today submits that a Review Medical Board was, in pursuance of the said direction, constituted which examined the petitioner and certified on the basis of medical examination and investigations that the petitioner was SHAPE-I (AYE), fit to perform all duties at all places. The opinion of the Review Medical Board is in the following words: "opinion OF REVIEW MEDICAL BOARD: In view of above clinical examination and investigations, the individual is declared as SHAPE-I (AYE), fit to perform all duties at all places. " ( 3 ) MRS. Acharya submits that in the light of the above finding recorded by the Review Medical Board, the petitioner's case for promotion to the next higher rank can now be considered in accordance with the relevant Rules. " ( 3 ) MRS. Acharya submits that in the light of the above finding recorded by the Review Medical Board, the petitioner's case for promotion to the next higher rank can now be considered in accordance with the relevant Rules. ( 4 ) IN the circumstances, therefore, and keeping in view the subsequent developments indicated above, we see no reason to decline the prayer made by the petitioner for a mandamus to the respondent to consider his case for promotion to the next higher rank of Head Constable. ( 5 ) WE, accordingly, allow this petition and by a mandamus, direct the respondents to consider the case of the petitioner for promotion to the next higher rank of Head Constable in the Indo Tibetan Border Police expeditiously but not later than three months from today. Needless to say in case the petitioner is eventually promoted pursuant to the consideration of his case, the same shall be accompanied by all financial and other benefits due to him against the promoted post from the date he is promoted. No costs.