Ramdayal v. Union of India & Ors.

1. By the instant petition the petitioner is seeking the following reliefs:- “(a) To issue a writ of mandamus or any such order by quashing the impugned order dated 02.10.2020 as passed by the Respondent No.2 to 4; (b) To issue a writ of mandamus or any such order by directing the Respondent No.2 to 4 to grant the Promotion to the Petitioner of Assistant Sub Inspector post from the date when his batchmates and similarly placed personnel have been promoted as Assistant Sub Inspector by granting the relaxation to the Petitioner in terms clause 4.17 (b) (iv) of Standing order 04/2008 dated 15.12.2008 and in terms of judgment and order dated 13.12.2018 in the matter titled as Venkatesh Vs. 2022:DHC:2627-DB Union of India and Ors. W.P. (C) No. 11263/2015 as passed by this Hon'bIe Court.”

2. As per the case of petitioner, he joined CRPF as constable/GD on 15.07.1991 and while undergoing training at RTC Neemuch, the petitioner participated in a hockey tournament organized by the respondent. Unfortunately, while playing in the said tournament he sustained injuries on his left eye by a stick on 23.05.1992. After being treated at CRPF Hospital, Neemuch and Base Hospital, Hyderabad, the petitioner completed remainder of his 36 weeks training at RTC Neemuch. Meanwhile in a Court of Inquiry, the Inquiry Officer concluded that the injury sustained by the petitioner occurred during the course of play and neither anybody could be held responsible for the lapse nor could be blamed. Upon completion of training, the petitioner was declared fit for duty and was given post at 33 Bn. CRPF in February 1993 and where he actively discharged his duties and also participated in various tournaments. The petitioner then qualified for the Section Commander Course at S. No. 28 at Lucknow in the year 2003 and upon promotion as Head Constable on 01.06.2010 was transferred to 215 Bn.

3. Thereafter, even though the petitioner‟s name was reflected in order No.

P.VII-1/2019-117-EC-I dated 30.10.2019, whereby the respondents declared the list of candidates promoted from the post of Head Constable/GD to the post of Assistant Sub Inspector, he was not released by the respondents since he was declared SHAPE-II (E[2]) medical category in the Annual Medical Evaluation on 24.04.2019 due to injury sustained on his left eye and since a candidate had to be SHAPE-I medical category for promotion. Strangely, this was despite the fact that the petitioner was performing all his regular duties.

4. Having come to know of the above, the petitioner requested the respondents to release his promotion for the post of Assistant Sub Inspector as the SHAPE-II medical category was due to injury sustained on the left eye on 23.05.1992 during training while he was on „active duty‟. In response, vide order dated 02.10.2020, which is under challenge before this Court by way of the instant petition, the respondents denied him relaxation for promotion to the post of Assistant Sub Inspector on the ground that the petitioner sustained the injury by a hockey stick on 23.05.1992 and as the SHAPE-I medical category is mandatory for promotion and further as the relaxation could only be granted to those who had been injured/wounded during war or while fighting against the enemy/militant/intruders/armed hostiles or insurgents etc.

5. The aforesaid led to filing of the present petition before this Court wherein the petitioner has raised various grounds and the learned counsel for the petitioner has argued, firstly that the action of the respondents is illegal and is against Clause 4.17(b)(iv) of the Standing Order 04/2008 dated 15.12.2008 issued by the respondents and secondly that the petitioner sustained the injury on his left eye while playing a match during the hockey tournament organized by the respondents when he was on „active duty‟ and thirdly that the case of the petitioner is squarely covered by the judgement in the case of Venkatesh Vs. Union of India and Ors. 2018 SCC OnLine Del 12909 passed by a co-ordinate bench of this Court, on which the learned counsel for the petitioner places heavy reliance, whereby similarly situated personnel like the petitioner upon grant of similar reliefs were duly promoted.

6. This Court while issuing notice to the respondents called upon them to file their counter affidavit. In the counter affidavit filed by respondents, they have admitted that the petitioner sustained injury on his left eye on 23.05.1992 during playing hockey while he was in „active duty‟ and averred that the respondents announced the list of names vide order dated 30.10.2019 for the candidates who were given promotion from the post of Head Constable/GD to the post of Assistant Sub Inspector without including the name of the petitioner as he was declared SHAPE-II (E[2]) medical category in his Annual Medical Examination conducted on 24.04.2019 whereas SHAPE-I medical category is must for promotion.

7. This Court, after perusing all the relevant documents on record and hearing the submissions of learned counsels for both parties, finds that the moot issues before us are: “Whether the petitioner was on „active duty‟ at the time of sustaining injury?” and “If so, whether he is entitled to the benefit of Clause 4.17(b)(iv) of the Standing Order 04/2008 dated 15.12.2008 issued by the respondents?”.

8. As the major dispute(s) in the instant petition revolves around the interpretation of Clause 4.17(b)(iv) of SO No. 4/2008 dated 15.12.2008, the same is reproduced hereunder: “4.17. Relaxation in SHAPE-1 Medical Category The relaxation in SHAPE-I Medical Category will be admissible to the following two categories of CPMFs personnel to the extent detailed below:- a. Official/Personnel wounded/injured during war or while fighting against the enemy/militant/intruders/ armed hostiles/insurgents due to an act of these in India or abroad will be eligible for promotion while placed in one of the following medical classification:i) Individual low Medical Factors (aa) H[2] or E[2] opr P[2] (Dental) which will be considered at par with SHAPE-1; and; (ab) A[2] or P[2] or A[3] ii) Combined Low Medical Factors (aa) H[2] and E[2] combined and (ab) H[2] or E[2] combined with A[2], A[3] or P[2] b) Officers/men who are wounded/injured during field firings/accidental firings/explosion of mines or other explosive devices and due to accidents while on active Government duty in India or abroad will be eligible for promotion in the following SHAPE Categories:i) SIHIA2PlE[1] (ii) SIHIAlP2E[1] (iii) S1H2A1P1E[1]

(iv) SIHIAIPIE[2] (v) SIH2AIPIE2”

9. This Court, in view of the various documents on record and the admission made by the respondents in their counter affidavit, has no hesitation in holding that the petitioner admittedly already stood categorised under permanent E[2] medical category and the petitioner was on „active duty‟ at the time of sustaining injury on his left eye on 23.05.2022.

10. This Court, from a bare reading of the said Clause 4.17(b)(iv) of the Standing Order 04/2008 dated 15.12.2008 issued by the respondents, has no hesitation in holding that as apparent therefrom E[2] medical category is indeed recognised as one of the medical category for grant of relaxation in the SHAPE-I medical category. In view thereof, the petitioner is entitled to the benefit of Clause 4.17(b)(iv) of the Standing Order 04/2008 dated 15.12.2008 issued by the respondents.

11. The aforesaid findings of this Court already stand fortified by the judgment of a co-ordinate bench of this Court in re.: Venkatesh Vs. Union of India and Ors. (supra) wherein it has been held as under:-