Disposed

Prabin Bordoloi v. the Union of India and 5 Ors.

Gauhati HC4 Sept 2019WP(C)/5816/2016

Case brief

AI extract

What is this about?

Petitioner, a serving CRPF personnel, sought promotion to Subedar Major but was rejected due to low medical category despite subsequent reports declaring him fit. The Court directed respondents to constitute a proper medical board to re-examine him within 45 days.

What did the court decide?

Directing respondents to constitute a medical board and examine the petitioner medically within 45 days; to promote the petitioner if found fit.

Prabin Bordoloi Vs the Union of India and 5… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010025922016

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 5816/2016

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1:PRABIN BORDOLOI

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NO.851560054 INSP MIN, GC, CRPF, KHATKHATI, S/O LT. PHULESWAR BORDOLOI, PRESENTLY R/O NIZARAPAR, BOKAJAN DAILY MARKET, P.O. BOKAJAN C/F, P.S. BOKAJAN, DIST- KARBI ANGLONG, ASSAM, PIN-782490

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VERSUS

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1:THE UNION OF INDIA and 5 ORS

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REP. BY THE DIRECTOR GENERAL, CRPF, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003

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2:THE DIGP ORG. DIRECTORATE CRPF CGO COMPLEX LODHI ROAD NEW DELHI-3

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3:THE SPL. D.G. N.E.Z. CRPF 9TH MILE P.O. AMERIGOG GHY-23 ASSAM PIN-781023 4:THE I.G.P. NES CRPF POLOGROUND BISWAP COTTON ROAD SHILLONG MEGHALAYA PIN-793001

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5:THE D.I.G.P. RANGE CRPF, KHATKHATI, ASSAM PIN-782480

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6:THE D.I.G.P. G.C., CRPF, KHATKHATI P.O. GAUTAMBASTI, DIST- KARBI ANGLONG ASSAM PIN-78248

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Advocate for the Petitioner : MR.B RAMCHIARY

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

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ORDER

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Date : 04-09-2019

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Heard Mr. B. Ramchiary, learned counsel for the petitioner and Mr. B. Deka, learned CGC.

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The petitioner was appointed by the respondent authorities initially as Assistant SubInspector (Clerk) in the Central Reserve Police Force (CRPF) and he joined on 23.9.1985. The petitioner was promoted to the post of S.I (Ministerial) on 16.3.1993 and on 28.2.2000 as Inspector (Ministerial). After the said promotion to the post of Inspector (Ministerial), the petitioner was not promoted to the next higher post Subedar Major(Min) due to his Low Medical Category SHAPE– II. On the other hand, candidates junior to him were promoted to the higher post superseding the petitioner. In this regard, an application was filed by the petitioner on 5.6.2012 and it was replied that the case of the petitioner was examined by the Directorate. It is mandatory as per Standing Order No.4/2008 for promotion in CRPF Medical Category SHAPE-I must be maintained. But the petitioner was not having Medical Category Shape-I and as such his application was rejected. The petitioner again submitted application on 15.9.2014 stating that since 2012, two years had elapsed and the petitioner reported to the Composite Hospital, CRPF, Guwahati on 9.6.2014 for review medical categorization and the medical Board of the Composite Hospital at Guwahati on 21.8.2014 declared the petitioner as Medical Categorisation A-I P-I(Fit for Duty). Thereafter during his annual

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Medical Examination held at 173 Bn CRPF Unit Hospital on 12.9.2014, the petitioner was declared by the Doctor as Medical SHAPE-I and the Medical Report of Categorisation was enclosed therewith the application dated 15.9.2014 for consideration of his promotion which was forwarded to the competent authority. On receipt of the said application vide letter dated 21.1.2015 of the I.G/Director(Medical), the Directorate CRPF allowed to undergo the petitioner a fresh medical examination at the Composite Hospital, CRPF , New Delhi by constituting a fresh medical Board with names of the Doctor mentioned in the said order. The petitioner was opined by the said Board as follows:

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“OPINION- There is no evidence of any fresh tubercular activity at present. However there are secondary degenerative changes observed in LT hip, most probably due to tuberculosis(LT) HIP with minimal restriction of movement.

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Med Cat- A2(L)(P)”

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Accordingly the petitioner has filed this petition for the following relief:

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“ Under the circumstances, it is therefore, prayed that Your Lordship graciously be pleased to issue notice of motion, call for records and calling upon the respondents to show cause as to why the respondents should not be directed to promote the petitioner to the post of SM(Min) (Subedar Major(Minsterial) in CRPF with the retrospective effect of financial promotional benefits with the protection of seniority from the date of promotion of the next immediate junior to the petitioner already promoted to the higher post of SM(Min) an also to promote the petitioner to prospective higher post of Assistant Commandant(Min) in due course in order of seniority, and / or pass such other order, or orders as yours Lordship may deem fit and proper.”

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The D.I.G.P, G.C, CRPF, Khatkhati, respondent No. 6 had filed affidavit-in-opposition. In respect of the aforesaid contention of the petitioner that he was categorised as SHAPE-I by the Doctor at Composite Hospital, Guwahati in the affidavit-in-opposition, the respondent No. 6 took the stand as reproduced hereinbelow:

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“ That with regard to the averments made in paragraph Nos. 4 and 5 of this writ petition, the respondents most respectfully submits that the petitioner in these paras has accepted that he remained LMC as medical category SHAPE-2(Permanent) with effect from the year 2005 to 11.9.2014. That, on 12.9.2014 petitioner’s medical examination was conducted by a medical officer of 173 Bn, CRPF instead of prescribed board of Medical Officers for such purpose as per Standing Order No. 04/2008. Unit medical officer is not appropriate authority to review medical category of the petitioner when his medical category was earlier decided by a medical Board. On the basis of invalid AME report, the petitioner has submitted application claiming his promotion which is not in order. The claim of gaining medical category of SHAPE-I in his AME dated 12.9.2014 was found not in order by the Medical board comprising of 02 CMO and 01 MO at CH New Delhi on 14.3.2015 which categorized the petitioner as SHAPE-2{A(2) (L)(P)}. The petitioner is not eligible for promotion to the rank of SM(Min)(Subedar Major(Ministerial) as he is not fulfilling condition of medical fitness for promotion as stipulated in Standing Order No. 04/2008.”

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Mr. Ramchiary submitted that there is a contradictory stand in respect of the Medical

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Categorisation of the petitioner inasmuch as the Doctor at Composite Hospital, Guwahati categorised him as SHAPE-I. On the other hand, the Medical Board at New Delhi opined him as SHAPE-2{A(2)(L)(P)}. The petitioner is going to retire in the year 2020 and keeping in view the short duration, Mr Ramchiary sought for a direction to the respondents to conduct a fresh Medical Examination of the petitioner by constituting proper Medical Board and on that basis if the petitioner is found to be entitled for promotion that may be affected. On the other hand, defending the action of the respondents, however, keeping in view the submission made by the learned counsel for the petitioner Mr.Deka submits that he has no objection if such direction is issued disposing of the writ petition.

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I have given due consideration to the submission of the learned counsel. As per the opinion of the Medical Board on 14.3.2015 and the one of the Doctor at Composite Hospital at Guwahati holding him to be medically fit it would be proper in my opinion to dispose of this writ petition with a direction to the respondents to constitute a Medical Board as required under the rules prevalent in the CRPF and examine the petitioner medically in order to assess if there is any improvement in his medical categorisation. If the petitioner is found to be SHAPE-I or any other category on the basis of which the petitioner can be promoted the same may be given effect to.

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The whole exercise shall be completed keeping in view the remaining short tenure of service of the petitioner before retirement from his service within a period of 45 days from the date of receipt of the order passed by this Court.

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Accordingly, with the aforesaid direction this writ petition is disposed of.

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JUDGE

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Comparing Assistant

Prabin Bordoloi v. the Union of India and 5 Ors.

Case brief

What is this about?

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Prabin Bordoloi v. the Union of India and 5 Ors.

Case brief

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