Kerala High Court
Const/Gd Pradeep.M vs The Director General/Cisf on 14 February, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941
WP(C).No.3740 OF 2020(N)
PETITIONER/S:
CONST/GD PRADEEP.M
AGED 41 YEARS
CISF 4TH RESERVE BATTALION, SIVAGANGAI,
AMARAVATHIPUDUR, DISTRICT SIVAGANGAI, TAMILNADU,
PIN - 630 301. (PRESENTLY RESIDING AT),
MENAMPALLIVADAKKATHIL, MUKUNDAPURAM P. O., CHAVARA,
KOLLAM (DISTRICT), KERALA, PIN - 691 585.
BY ADVS.
SRI.T.SANJAY
SHRI.SANIL KUMAR G.
RESPONDENT/S:
1 THE DIRECTOR GENERAL/CISF
CISF HEAD QUARTERS, CGO COMPLEX, LODHI ROAD, NEW
DELHI, PIN - 110003.
2 THE INSPECTOR GENERAL/CISF
SOUTH SECTOR HEAD QUARTERS, CHPT CAMPUS, CHENNAI,
PIN - 600013.
3 THE DEPUTY INSPECTOR GENERAL / CISF
CISF SOUTH ZONE HEAD QUARTERS, RAJAJI BHAVAN,
BASANT NAGAR, CHENNAI, PIN - 600090.
4 THE COMMANDANT
4TH RESERVE BATTALION, SIVAGANGAI, AMARAVATHIPUDUR,
DISTRICT SIVAGANGAI, TAMILNADU, PIN - 630 301.
5 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI - 110 001.
R1-5 BY ADV. SRI.K.R.RAJKUMAR
OTHER PRESENT:
ASGI.SRI.P.VIJAYAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3740/2020
.
.
JUDGMENT
The petitioner, who is working as a Constable GD under CISF is bedridden since August 2012. It is pointed out that he is having 90% disability and is depending on others even for his primary necessities. He had already submitted Ext.P4 representation requesting the 4th respondent to grant him Medical Invalidation Pension after conducting a medical examination of him under rule 38(7) of the CCS Pension Rules 1972. It is pointed out that petitioner is continuing without salary for the last several years. Respondents had issued Exts.P5 and P6 letters directing him to undergo medical examination under SHAPE category from the nearby Hospital and to submit a certificate to the office of the 4th respondent for taking up the same with the office of the 3rd respondent. The petitioner points out that he is not in a position to move out from the house. He also points out that he does not have any source of livelihood and is finding it difficult to meet the expenses for his medicine. Petitioner relied on Article 25.1 of the Universal Declaration of Human Rights (UDHR), 1948 which W.P.(C) No.3740/2020 :3: reads as follows:
Article 25.1: Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
2. Therefore, the petitioner points out that either respondents have to act upon Ext.P3 and to take steps for invalidating him on medical grounds or otherwise he has to be subjected before the medical board to be constituted by the respondents.
3. The learned ASGI on instructions submits that the DIG, CISF Chennai has already directed the Commandant of the Unit to take necessary action as per guidelines and to constitute standard medical board to assess the suitability of the petitioner for service in CISF.
Therefore, there shall be a direction to the 1 st respondent to see that a medical board is constituted to assess the physical condition of the petitioner. As far as possible the Medical Board shall be convened at a place near to the residence of the petitioner at Kollam or Pallippuram. On the basis of the assessment, the 1st respondent shall take steps on his request-Ext.P4 for W.P.(C) No.3740/2020 :4: invalidation under rule 38(2)(1) of CCS Pension Rules as expeditiously as possible and at any rate within a period of two months from today and to grant the benefits due to the petitioner in accordance with rules without any further delay at any rate within a further period of one month. Having regard to the physical condition of the petitioner as seen from Ext.P3 certificate the entire proceedings shall be completed and the benefits shall be disbursed within a total period of three months.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
rkc JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF TREATMENT CERTIFICATE DATED
13.3.2013 ISSUED TO THE PETITIONER BY THE THEN NEURO SURGEON OF ANANTHAPURI, HOSPITAL.
EXHIBIT P2 TRUE COPY OF MEDICAL CERTIFICATE DATED 15.5.2019 ISSUED BY THE TREATING NEUROLOGIST OF ANANTHAPURI HOSPITAL, THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 8.5.2018 ISSUED BY STANDING DISABILITY ASSESSMENT BOARD OF DISTRICT HOSPITAL, KOLLAM.
EXHIBIT P4 APPLICATION DATED 5.9.2019 SUBMITTED BY THE PETITIONER FOR MEDICAL INVALIDATION PENSION.
EXHIBIT P5 A TRUE COPY OF LETTER DATED 2.12.2019 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF LETTER DATED 17.1.2020 ISSUED BY THE 4TH RESPONDENT.