Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 31-Jan-2025 18:47:31 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32759 of 2011 Along with W.P.(C) No. 12592 of 2019 (In the matter of an application under Articles 226 and 227 of the Constitution of India, 1950).

Sayed Sarwar Ali …. Petitioner(s)

(in both the Writ Petitions)

-versus-

Government of India & Ors. …. Opposite Party (s)

Advocates appeared in the case through Hybrid Mode:

For Petitioner(s) : Mr. Sanjay K. Samantray, Adv. For Opposite Party (s) : Mr. K.C. Kar, Sr. CGC Mr. Aurovinda Mohanty, CGC CORAM:

DR. JUSTICE S.K. PANIGRAHI DATE OF HEARING: -08.10.2024 DATE OF JUDGMENT: -30.01.2025 Dr. S.K. Panigrahi, J.

1. Since both the cases are interlinked in terms of subject matter, the same were heard together and are being disposed of by this common judgment.

2. The petitioner, in the present Writ Petition, is challenging the order dated 25.05.2011, passed by the D.I.G.P. (Adm.), vide letter No. R.XIII- 31/2010-C.S-Admn.III, refusing to regularize the petitioner’s past service for the period from 05.11.1980 to 01.11.2008, including the duration of Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 31-Jan-2025 18:47:31 his treatment from 11.05.1988 to 16.10.2000, along with all service benefits for the said period.

3. Additionally, the petitioner is seeking regularisation of the intervening period between his superannuation to rejoining i.e. 31.07.2019 to

21.09.2019.

I. FACTUAL MATRIX OF THE CASE

4. The brief facts of the case are as follows:

(i) The petitioner was initially serving as a Constable with C.F. No.

800663419, having joined the service on 05.11.1980. During his tenure, he served at various locations, including the 8th Battalion, CRPF, Guwahati (Assam), Delhi, Uttar Pradesh, Bihar, and Rajasthan.

(ii) In 1986, while he was deployed in Arunachal Pradesh, the petitioner was diagnosed with Hansen’s Disease, Bell’s Palsy, and Lagophthalmos at the Unit Hospital.

(iii) Despite prolonged treatment, the petitioner’s health did not improve significantly. Consequently, a Medical Board constituted at BH-III, CRPF, Guwahati, assessed his fitness for service and opined that he was completely and permanently incapacitated for further service in the CRPF.

(iv) Subsequently, the Commandant of the 8thBattalion, CRPF, processed the matter under Rule 38 of the CCS (Pension) Rules, 1972, proposing the petitioner’s invalidation from service. A notice was issued to the petitioner, and in response, the petitioner requested to be placed under medical review.

Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 31-Jan-2025 18:47:31 (v) On 23.03.1988, the petitioner was referred to the Standing Medical Board (ACP), which declared that he was not fit for duties involving the use of firearms but was fit for duties other than those involving the use of firearms. However, as no non-combatant posts were available within the CRPF, the petitioner was not re-employed in a Group-D post, such as Peonor its equivalent. Instead, the petitioner was invalidated from service vide Office Order No. P.III-01/1988 issued by the Commandant, 8th Battalion, CRPF.

(vi) Further, since the petitioner had not completed the requisite 10 years of service before his invalidation, he was deemed ineligible for pension under Rule 49 of the CCS (Pension) Rules, 1972.

(vii) Aggrieved by this, the petitioner filed Writ Petition O.J.C. No. 1751 of

2011 before this Court. On 13.07.2008, this Court allowed the writ petition, directing the respondent authorities to appoint the petitioner immediately to a suitable supernumerary post with effect from

01.11.2008 and to grant him back wages from the same date.

(viii) Pursuant to this Court’s order, the D.I.G.P., GC, Rampur, Uttar Pradesh, issued an Office Letter No. A-VI-6/2010-EC-3 dated 03.03.2010, offering the petitioner a fresh appointment to the post of Peon (Combatised) in the CRPF. The petitioner accordingly joined the post of Peon (Combatised) on 2