Gauhati High Court
Neijalam Misao vs The Union Of India And 4 Ors on 20 September, 2019
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010236922018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7379/2018
1:NEIJALAM MISAO
IRLA NO. 8738, AC/MIN, D/O- SRI HELKHOTHANG MISAO, PRESENT
SERVING AS A ASSTT COMMANDANT(MIN) AND R/O- GROUP CENTRE,
CENTRAL RESERVE POLICE FORCE, AMERIGOG, GUWAHATI, ASSAM, PIN-
781023
VERSUS
1:THE UNION OF INDIA AND 4 ORS
REP. BY THE SECRETARY, MIN OF HOME AFFAIRS, NEW DELHI- 110003,
2:THE DIRECTOR GENERAL CRPF
CENTRAL GOVT OFFICE COMPLEX
NEW DELHI- 110001
3:THE INSPECTOR GENERAL OF POLICE
CRPF
NORTH EAST SECTOR
SHILLONG
MEGHALAYA
PIN- 793004
4:THE INSPECTOR GENERAL OF POLICE (MEDICAL)
COMPOSITE HOSPITAL
CRPF
AMERIGOG
GUWAHATI
ASSAM
PIN- 781023
5:THE DEPUTY INSPECTOR GENERAL OF POLICE
CRPF
AMERIGOG
Page No.# 2/4
GUWAHATI
ASSAM
PIN- 78102
Advocate for the Petitioner : MR. R MAZUMDAR
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 20-09-2019 Heard Mr. R. Mazumdar, learned counsel for the petitioner as well as Ms. R. Devi, learned CGC.
The petitioner has filed this petition as she is aggrieved by the respondents not considering her for promotion to the rank of Deputy Commandant (Ministerial) in the Central Reserve Police Force from the rank of Assistant Commandant. The petitioner's counsel also submits that as on date the petitioner is holding the charge of Deputy Commandant (Ministerial).
The petitioner's counsel submits that the petitioner has not been considered for promotion to the rank of Deputy Commandant (Ministerial), as her medical categorisation of S1H1A1P2E1 is due to the petitioner having a history of Hepatitis-C Virus Infection and Hepato Cellur Carcinoma. The petitioner's counsel submits that even though the petitioner has been categorised as P2 (Permanent) due to her liver problem, the petitioner should have been considered for promotion in pursuance to Clause 4.15 of the Standing Order No. 4 of 2008 issued by the Director General, CRPL.
Ms. R. Devi, CGC, on the other hand, submits that as per Clause-4.13 of the Standing Order No. 4 of 2008, combatised personnel should have the medical category SHAPE-1 for promotion in all groups, ranks and cadres. Thus, till the petitioner's medical category is upgraded from SHAPE-2 to SHAPE-1, the petitioner cannot be considered for promotion. However, as the petitioner has submitted a Representation dated 03.02.2018 to the Home Page No.# 3/4 Secretary, Govt. of India for upgrading her medical category from SHAPE-2 (P) to SHAPE-1 or for relaxing the condition of medical category SHAPE-1 for promotion, the respondents have decided to consider the prayer of the petitioner for upgradation of her medical category, by constituting a Review Medical Board, as per Clause 15 of the Standing Order. However, as per Clause 15 of the Standing Order, the petitioner has to submit necessary documents and certificates from Government hospitals, stating that she is not suffering from the disease/conditions for which she has been categorised low, before a Review Medical Board can be constituted to examine the petitioner.
On considering the submissions made by the counsels for the parties, the provisions of Clause-4.13 and 4.15 have to be looked into. 4.13 states that medical category SHAPE-1 will be an essential condition for promotion of all combatised personnel in all groups/ ranks/cadres in the CPMFs. In case of those whose illness is of permanent nature and who are not SHAPE-1, they will be considered for promotion by DPC but will be declared unfit for promotion, even if, they are otherwise fit for promotion.
A reading of the above would show that the essential condition of medical category SHAPE-1 would apply only to combatised persons. The question whether the petitioner is a combatised personnel or not would have to be decided as she is doing ministerial work in the CRPF.
Clause 4.15 of the Standing Order states as follows:
4.15 As regards officers, who have been put in lower medical classification by the medical board/review medical board of S1H1A2P1E1 and S1H1A1P2E1, who are otherwise fit for promotion, their suitability for promotion will be re-assessed by a Board consisting of the Home Secretary as the Chairman, DG of the concerned Force, ADG (Med), MHA and a Specialist nominated by DGHS, as Members. The Board will assess the suitability of the officer, who is otherwise fit for promotion, but is in the above mentioned medical categories, in consideration of the following parameters:-
a. The Officer is capable of performing the normal duties of the rank to which he is being b. Any defect, disability or discomfort which the officer is suffering from is not Page No.# 4/4 likely to be aggravated by the service conditions.
c. The officers, assessed fit for promotion by the Board will be promoted to the next higher rank as per the recommendations of the DPC.
d. The Board's assessment will be final.
A reading of the above goes to show that persons who are given the lower medical classification of SHAPE-2, but are otherwise fit for promotion can be considered by a Board, for promotion in consideration of the parameters given therein. Thus, a conjoint reading of Clause 4.13 and 4.15 prima facie indicates that the medical categorisation of SHAPE-1 for promotion would be mandatory only for combatised personnel.
At this stage the counsels for the parties submit that they would like to obtain instructions with regard to whether the petitioner would come within the term "combatised personnel" or not.
List the matter after the ensuing puja vacation as part heard.
JUDGE Comparing Assistant