Mukunda Goyary S/o Lt. Babul Goyary v. Union of India
2018-03-27
L.S JAMIR
body2018
DigiLaw.ai
JUDGMENT : L.S. Jamir, J. Heard Mr. B. Ramchiary, learned counsel for the petitioner as well as Mr. S.P. Choudhury, learned CGC for the respondents. 2. The petitioner was appointed as constable GD in the CRPF in the year 2004 by appointment letter dated 09.03.2004 and was thereafter, posted at different posting places including Chhattisgarh and presently he is posted in the Office of the Commandant 175 Battalion, CRPF, Rani, Kamrup, Assam. 3. While the petitioner was posted at Chhattisgarh, an encounter took place between the CRPF Personnels and Naxalites on 18.03.2010 In the said encounter, while the petitioner was performing bonafide duties, he alongwith 5 (five) other CRPF Personnels got seriously injured and 2 (two) CRPF Personnels died. As a result of the said encounter, the petitioner lost his right leg. Thereafter, the respondents passed an order for sanction of financial assistance to accommodate artificial limb to the injured CRPF Personnel. A Court of Inquiry was also constituted and an order dated 09.02.2011 was passed by the IGP (OPS) Chhattisgarh for awarding gallantry medal and release of financial benefits including ex-gratia from State/Central Government. 4. In the meantime, the petitioner by an office order dated 06.01.2016 was transferred from 175 Battalion to 223 Battalion alongwith other CRPF Personnels. 5. The present writ petition has been filed challenging the Office order dated 06.01.2016 by which the petitioner has been transferred as well as with further prayer for a direction for awarding gallantry medal to the petitioner, for financial benefits including ex-gratia from State/Central Government and fitting of artificial legs/organs as recommended by the Court of Inquiry in the order dated 09.02.2011. It is the case of the petitioner that insofar as ex-gratia amount is concerned he has received an amount of Rs. 4,00,000/- (Four Lakhs) from the Chhattisgarh State Government, however, he is yet to receive the same from the central Government. With regard to fitting of artificial limbs, it is submitted that the same has also been done, however, the said limb has reached its date of expiry. 6. Mr.
4,00,000/- (Four Lakhs) from the Chhattisgarh State Government, however, he is yet to receive the same from the central Government. With regard to fitting of artificial limbs, it is submitted that the same has also been done, however, the said limb has reached its date of expiry. 6. Mr. S.P. Choudhury, learned CGC, on instruction submits that insofar as replacing of the artificial limb is concerned a Board has been constituted for the said purpose and the said Board held its meeting on 21.03.2018 and on examination of the petitioner, the Board has recommended for changing the present prosthesis which has a problem of normal wear and tear due to active life-style. In that view of the matter, he submits that insofar as the replacement of the petitioner's artificial leg is concerned, the same has been considered by the Board and appropriate recommendation has been made. He also submits that insofar as awarding of gallantry medal and payment of ex-gratia is concerned, the appropriate authority would look into the matter. 7. At this stage, Mr. B. Ramchiary, learned counsel for the petitioner also submits that due to his physical position, the petitioner is unable to proceed further in his service and that he would be applying for voluntary retirement within a period of two to three years. He, therefore submits that the petitioner may not be posted out and allowed to stay in his present place of posting. He further submits that a direction may also be given to the respondents for making payment for change of his artificial leg at the appropriate time after the petitioner proceeds on voluntary retirement. 8. This court has heard the learned counsel for the parties. A perusal of the Board proceedings dated 21.03.2018 that has been produced before this court by the learned CGC, indicates that the Board has recommended for changing the present prosthesis which has a problem of normal wear and tear. This court is therefore, of the considered opinion that insofar as changing of the petitioner's artificial leg is concerned, the respondents would carry out the recommendations made by the Board at the earliest. 9. Considering the physical condition of the petitioner, the respondents are also directed to allow the petitioner to remain in his present place of posting i.e. 175 Battalion CRPF at Rani, Kamrup.
9. Considering the physical condition of the petitioner, the respondents are also directed to allow the petitioner to remain in his present place of posting i.e. 175 Battalion CRPF at Rani, Kamrup. Accordingly, the order dated 06.01.2016 is set aside and quashed insofar as the petitioner is concerned. Consequently, the interim order dated 17.02.2016 passed by this court stands merged with this order. Insofar as the other prayer of the petitioner is concerned, namely, award of gallantry medal, grant of ex-gratia and grant of financial assistance for future change of the petitioner's artificial leg after availing voluntary retirement, the same should be considered by the appropriate authorities and thereafter, pass appropriate orders in the matter. Let such considerations be made by the concerned authorities within a period of 2 (two) months from the date of receipt of a copy of order of this court. 10. The petitioner is at liberty to approach this court if further aggrieved by any order passed by the competent authority. 11. The writ petition is accordingly disposed of.