I.A. No. 2897 of 2006, I.A. No. 1950 of 2007

Petitioner has sought to challenge the order dated 13.10.2006 issued by respondent no. 3, the Deputy Inspector General of BSF, 99 APO, Meru Camp, Hazaribagh whereby the petitioner has been compulsorily retired from service. In the instant writ application, the petitioner had come for quashing the order no. 17161 dated 5.8.2006 by which he had been declared medically unfit for further service in the Border Security Force; During the pendency of the writ application, the order dated 13.10.2006 has been passed, compulsorily retiring him, which has been sought to be incorporated by way of amendment in the present Interlocutory Application. Since, the impugned order appears to be a consequence of the original order dated 5.8.2006 assailed in the writ application originally, the I.A. No. 2897 of 2006 is allowed and the petitioner is permitted to incorporate the prayer in the main writ application. Interlocutory Application No. 2897 of 2006 is treated to be a part of the record.

2. Accordingly, I.A. No. 2897 of 2006 and I. A. No. 1950 of 2007 stand disposed of.

W.P.(S) No. 5560 of 2006

3. Heard learned counsel for the parties.

4. This writ petition has been preferred for quashing the order no. 17161 dated 5.8.2006 (Annexure-12) passed by the respondent no. 3, the Deputy Inspector General of BSF, 99 APO, Meru Camp, Hazaribagh whereby the petitioner has been declared medically unfit for further service in the Border Security Force. The petitioner has also sought for quashing the consequent order dated 13.10.2006 by which petitioner has been compulsorily retired from service, which has been permitted to be incorporated in the main writ petition pursuant to the prayer made in the I.A. No. 2897 of 2006.

5. The short facts of this case, according to the petitioner, are that he was appointed in the Border Security Force and was engaged in combat operation in the extremists affected Kashmir Valley in the first week of May 1995 where he sustained injuries on account of Bomb blast on 4.4.1995. The petitioner was immediately referred to All India Institute of Medical Science (in Short AIIMS), New Delhi by the Director General, BSF Hospital, New Delhi vide reference dated 6.5.1995 (Annexure-1). The authorities of the AIIMS, New Delhi had assessed him to be disabled to the extent of 60% vide Annexure-4 dated 8.1.1996. Vide movement order dated 5.8.1997, the petitioner was transferred from 25th Battalion of Border Security Force to Training Centre and School, BSF, Hazaribagh where he was given sedentary duties to discharge i.e. the work as messenger in the Hospital and also in the public call office. Subsequently, on 22.8.2001 (Annexure-6), the petitioner was examined by the Medical Board, B.S.F. at Training Centre and School, Hazaribagh and assessed him suffering from disability to the extent of 60%. The petitioner relies on certificate dated 22.9.03 issued by the authorities of the Training Centre and School, Hazaribagh. The Medical Board has diagonsed him as a case of splinter injury on the face and other major injury to the mandible and declared him as suffering from 60% disability. The petitioner has since been employed/engaged by the respondents in sedentary duties at Public Call Office and Messenger in the Hospital of BSF, Meru Camp, Hazaribagh where he has been discharging his duties satisfactorily without any complaint from his superiors. The petitioner was subsequently examined by the Medical Board and vide order dated 6.1.2004 (Annexure-8), he was placed under low medical category for two years. In the meantime, the petitioner was transferred to B.S.F. Hospital at Kolkata, however, the said order has been revoked on the ground that the petitioner had assailed the order dated 24.1.2006 in W.P.(S) No.1574 of 2006. The petitioner was again directed to appear before the Medical Board at Hazaribagh against which he has made protest that he was made to sign forcibly on the medical report furni