W.P.(C)--10769/2017. Case: MOHIT AHLAWAT Vs. UNION OF INDIA AND ORS.. High Court of Delhi (India)
| Case Number | W.P.(C)--10769/2017 |
| Citation | NA |
| Judgement Date | December 09, 2019 |
| Court | High Court of Delhi (India) |
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10769/2017
MOHIT AHLAWAT ..... Petitioner Through: Mr. Ankur Chhibber, Advocate
versus
UNION OF INDIA AND ORS ..... Respondents Through: Ms. Suman Chauhan, Advocate
CORAM:
JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH
O R D E R % 09.12.2019
Dr. S. Muralidhar, J. :
-
The Petitioner, who has been medically boarded out of the Security Force („BSF‟), on account of being found permanently unfit, approached this Court seeking two reliefs. The first is for a direction Respondents to grant him extraordinary pension or disability pension the second is for grant of ex-gratia compensation.
-
The facts in brief are that the Petitioner joined the Armed Headquarters, Ministry of Defence as Lower Division Clerk („LDC‟) compassionate grounds on 16th October, 2009. While working as applied for the post of Assistant Commandant in the Central Armed Force („CAPF‟) through the Union Public Service Commission („UPSC‟) 2012. He appeared in the written examination in 2013 and subsequently,
successfully cleared the Physical Efficiency Test and the Examination. He was declared fit on 7th May, 2013.
-
The Petitioner‟s name was included in the list of the finally candidates declared by the UPSC and he was issued an offer of appointment dated 11th December, 2014 for the post of Assistant Commandant Entry) [(„AC(DE)‟] in the BSF. As a result, the Petitioner tendered technical resignation at the Armed Force and on 16th January, 2015, relieved from the Armed Force Headquarters.
-
On 19th January, 2015 the Petitioner reported at the BSF Tekanpur, Gwalior on 19th January, 2015 for his basic training as AC
-
On 23rd November, 2015, the Petitioner sustained a „bi-malleolar‟
on his left ankle while training during the „assault course‟ and was admitted at the BSF Hospital and discharged after twelve days. Petitioner was sanctioned Earned Leave („EL‟) from 23rd January, 2016 23rd February, 2016 for resting his injured ankle.
-
The Court has been shown the original medical record of his examination by Medical Board on 5th August, 2016. The opinion of the Medical reads as under:
“9. Opinion of the Board.
Based on clinical examination, radiological findings and opinion of treating specialists the board is of the opinion that Sh. Mohit Ahlawat AC/DE Trainee Officer Sr. No. 39 is permanently unfit for undergoing Basic AC (DE) Training.” (emphasis in original)
-
It should also be noted that in terms of the Medical Board proceedings the
status of his disability was indicated as (58.47%).
-
The Petitioner made a representation on 19th October, 2016 for financial assistance under the Golden Jubilee Seema Prahari Kalyan...
To continue reading
Request your trial