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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Union of India – Appellant
Versus
Mintu Mondal – Respondent
JUDGMENT :
(Hiranmay Bhattacharyya, J.) :
1. The instant appeal is at the instance of the Union of India and the authorities of the Border Security Force (for short “BSF”) and is directed against the judgment and order dated July 5, 2017 passed by a learned Single Judge in WP 14868 (W) of 2016.
2. By the said judgment and order, the respondent no. 3 in the writ petition was directed to revisit the claim of the writ petitioner in the light of the beneficial provisions for utilisation of his services in jobs where public safety issues are not involved.
3. Facts, in a nutshell, that gave rise to the writ petition and are necessary for deciding this appeal are summarised hereunder.
4. Writ petitioner/respondent was appointed provisionally as Constable (General Duty) in the BSF on April 8, 2013. A show cause notice dated August 28, 2014 was issued to the writ petitioner while in service at Mizoram which, inter alia, conveyed the intimation that as per the opinion of the Medical Board constituted on July 8, 2014, the petitioner was found to be “colour blind” and therefore unfit to discharge duties as constable. The writ petitioner was given the option to appear before a review medical aboard
The main legal point established in the judgment is the applicability of the Circular dated 28.05.2013 to the petitioner's recruitment and subsequent termination based on 'Defective Colour Vision'. T....
The Court affirmed that unconfirmed employees can be terminated based on medical fitness standards, as per the applicable rules.
Disqualification -In case any candidates are sought to be disqualified on the ground that they suffer from colour blindness, there has to be a specific provision in the rules providing for such disqu....
Though the petitioner is entitled to the benefit of service from the date when he should have ordinarily been appointed on being selected, yet it would not be appropriate to treat the earlier period ....
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