Madhya Pradesh High Court
Abhishek Beniwal vs Union Of India Ministry Of Home Affairs on 22 February, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 22 nd OF FEBRUARY, 2024
WRIT PETITION No. 29628 of 2022
BETWEEN:-
ABHISHEK BENIWAL S/O LATE SHRI SUBHASH
BENIWAL, AGED ABOUT 27 YEARS, OCCUPATION: NIL
158 SHAKTI NAGAR, DISTRICT NEEMUCH (MADHYA
PRADESH)
.....PETITIONER
(BY MS. PRITHA GHOSHAL, ADVOCATE.)
AND
1. UNION OF INDIA MINISTRY OF HOME AFFAIRS
NORTH BLOCK NEW DELHI (DELHI)
2. CENTRAL RESERVE POLICE FORCE THROUGH
ITS DIRECTOR GENERAL BLOCK NO.1, C.G.O.
COMPLEX, LODHI ROAD, NEW DELHI (DELHI)
3. DEPUTY INSPECTOR GENERAL OF POLICE (ADM)
MADHYA PRADESH SECTOR, CRPF, BANGARSIA,
BHOPAL (MADHYA PRADESH)
4. DEPUTY INSPECTOR GENERAL OF POLICE GROUP
CENTRE, CRPF, NEEMUCH (MADHYA PRADESH)
5. C O M M A N D A N T GROUP CENTRE, CRPF,
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUDHANSHU VYAS, GOVERNMENT ADVOCATE.)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
01. The petitioner has filed the present petition being aggrieved by order 2 dated 28.04.2020 and 07.10.2022 passed by the respondent No.5 and 3 respectively whereby the appointment of petitioner to the post of Constable / Washerman on compassionate basis has been cancelled on the ground of illness and the height.
02. The father of the petitioner was an employee in Central Reserve Police Force (CRPF), he died while in service. The petitioner being a son filed an application for compassionate appointment. Vide order dated 17.05.2019, he was appointed on the post of Constable / Washerman (Dhobi) on the pay scale of 21,700-69,100 (Level-3). The terms and conditions of appointment are mentioned in paragraph No.3 and the service would be governed under the Central Reserve Police Force Act 1949 and Central Reserve Police Force Rules, 1955.
03. After the aforesaid order, the petitioner gave a joining, he was medically examined. The Commandant served a notice to the petitioner on 15.06.2019 that he has been found medically unfit due to ''myopia'' 6/24B.E., if you are not satisfied with the medical report you may apply to Medical Board for review. The petitioner was called to appear on 30.09.2019 at Composite Hospital CH Group CRPF, Bhopal alongwith the documents for review medical investigation. In Review Medical Board also, he was found unfit due to myopia of 6/24B.E and declared unfit. Hence, vide order dated 20.04.2020, appointment has been cancelled thereafter, he preferred an appeal for reconsideration of this matter that too has been dismissed vide Annexure P/8 hence, present petition before this Court.
04. The respondent filed the reply and did not dispute the aforesaid facts however, in order to justify impugned action it is submitted that because of Myopia, the petitioner is unfit to discharge the duties of Constable / 3 Washerman. However, he has been given opportunity to participate in the selection process for the post of CT, Daftari, Peon, etc in future.
05. The respondents have not filed any documents, circulars or orders to establish that the person with the problem of myopia in the eyes is unfit for employment to the post of Constable / Washerman. Myopia is a common vision condition in which nearby objects appears clear but object farther away look blurry. This defect or disease is curable by way of surgery. Even if this petitioner is suffering from this disease that will not render him unfit for the job of Constable / Washerman.
06. Counsel for the petitioner submits that the petitioner has undergone the surgery and got cured the disease, the medical certificate to that effect was filed alongwith the representation (Annexure P/8) but the same was not considered, therefore, the action is wholly unjustified. The appointment of the petitioner is restored with all consequential benefits.
07. In view of the above, on unsustainable grounds petitioner has been removed from the post which was given to him by way of compassionate appointment. In compassionate appointment certain conditions are liable to be relaxed in order to show the compassion towards the family member of the deceased Government employee. The respondents instead of taking such a harsh view ought to have provided a medical aid to the petitioner so that the disease would be cured.The District Hospital after examining the petitioner has duly certified his distant vision 6/6 and 6/6 in both the eyes.
08. With the aforesaid, the impugned orders dated 28.04.2020 and 07.10.2022 are hereby set aside. The petitioner be reinstated into the service with all consequential benefits including backwages. Accordingly, this Writ 4 Petition is allowed with the cost of Rs.50,000/- (Rupees Fifty Thousand Only/-) for the inhuman approach of the respondents towards the family of deceased employee. The cost be paid to the petitioner in 90 days from the date of production of certified copy of this order.
(VIVEK RUSIA) JUDGE Divyansh DIVYANSH SHUKLA 2024.02.22 19:13:32 +05'30'