High Court of Judicature at Allahabad
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B.C. MATH versus UNION OF INDIA AND OTHERS
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B.C. Math v. Union Of India And Others - WRIT - A No. 50013 of 2006 [2006] RD-AH 15747 (11 September 2006)
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Court No. 38
Civil Misc. Writ Petition No. 50013 of 2006
B.C.Math
Vs.
Union of India and others
Hon'ble V.K.Shukla,J
Heard learned counsel for the petitioner and Sri R.D. Tiwari, Advocate of Union of India.
Petitioner has approached this Court requesting therein that a writ in the nature of certiorari be issued for quashing the Annexure No. 6 to the writ petition by means of which Additional Deputy Inspector General of Police GC, C.R.P.F. as issued notice to the petitioner for invalidation in view of the medical examination which was carried out on 15.07.2006.
Contention of the petitioner is that even as per opinion which has been expressed disability is 40% and in view of this fact petitioner is entitled for alternative employment in term of circular letter issued by the Department itself copy of which has been filed as Annexure No. 12 to the writ petition which deals with providing of lighter duties. Petitioner has contended that in fact he had been performing and discharging lighter duties as conductor of school bus carrying children of CRPF employees. In this background petitioner submits that by no stretch of imagination said notice can be issued to him.
In the light of the argument which has been advanced notice for invalidation has been seen. By means of said notice it has been categorically mentioned that opportunity is being provided to the petitioner in case he is not pleased with examination made then request can be made for being examined by Medical Review Board provide good grounds exist for doing so. In term of the same in case petitioner is aggrieved by the opinion which has been formed then remedy of the petitioner lies in applying for medical review of the same and not in approaching the Court.
Much emphasis has been laid that petitioner is entitled for alternative employment. Issue which has been sought to be raised by the petitioner, qua the same it is always open to petitioner to raise the same before the authority concerned qua getting of alternative employment as has been sought to be done in the present case. As far as this Court is concerned in view of the opinion which has been formed by the expert medical body, hardly there is any scope of interference in the same but in case law permits alternative employment certainly claim of the petitioner is to be adverted to specially in the background that petitioner has received said injuries in the course of employment and currently is discharging lighter duties.
In these circumstance without entering into the merit of case, liberty is given to the petitioner to represent his claim for alternative employment alongwith certified copy of this order before Inspector General of Police, Central Reserve Police Force, Lucknow respondent no. 3 who shall consider the claim of the petitioner qua alternative employment and take final decision in the same within next three months from the date of presentation of certified copy of the order.
With the above direction present writ petition is disposed of.
11.09.2006
Dhruv
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