Full Text
HIGH COURT OF DELHI
Date of Decision: March 02, 2023
CAPT. HEMALATHA V. S. ..... Petitioner
Through: Mr. Vidhan Vyas, Mr. Shakir Shabir, Mr. Vidur Dwivedi, Mr. Syed Haider
Shah, Mr. Videh Vaish, Mr. Lalit Mohan and Ms. Aakansha, Advocates
Through: Mr. Sushil Pandey, Sr. Panel Counsel with Mr. Vedansh Anand, GP, Mr. Kuldeep Singh, Advocate and Major
Partho Katyayan
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
3. Vide this petition, petitioner is seeking calling for records pertaining to the case of petitioner; directions to the respondents to reconstitute the medical board for reassessment of the petitioner’s medical condition and to reinstate her into the service with all consequential benefits; directions to the respondents to provide adequate compensation to the petitioner for 16:56 Neutral Citation Number: 2023/DHC/001572 harassment caused to her.
4. After some arguments, learned counsel for petitioner submits that he is confined only to the relief that in the Invalidation Medical Board proceedings dated 19.02.1992 petitioner was declared ‘Unfit for suitable employment in Civil’ whereas the petitioner, at that point of time, was in armed forces. Therefore, the said order be set aside to that extent only.
5. Learned counsel for petitioner submits that initially petitioner had approached learned Armed Forces Tribunal vide OA No.362/2014 and vide order dated 01.08.2014, the application filed by petitioner was dismissed. Thereafter, the petitioner approached learned Armed Forces Tribunal vide MA 770/2019 for grant of leave to appeal which was also dismissed.
6. Without going into the merits of the case, we find that there is a huge delay which hit by laches in filing the present petition.
7. We also find no illegality and perversity in Invalidation Medical Board proceedings dated 19.02.1992. However, in the interest of justice, we are of the considered opinion that the order dated 19.02.1992 shall not come in the way of petitioner for employment in civil.
8. With the aforesaid directions, present petition is disposed of. (SURESH KUMAR KAIT) JUDGE (TUSHAR RAO GEDELA)
JUDGE MARCH 2, 2023 16:56