Aastha Thakur
Published on: July 21, 2022 at 19:54 IST
The Gauhati High Court recently set aside an order of the Assam Rifles authority because of certain procedural disparity. A Havildar (GD) by post was asked to retire before time on the ground of unsatisfactory medical fitness.
The order was passed by invoking Rule 48(1)(b) of the Central Civil Service (Pension) Rules, 1972 and one Golap Biswakarma (petitioner) was directed to prematurely retire with effect from February 1, 2018 on completion of 30 years of qualifying service.
The counsel representing petitioner side put forward argument that the petitioner had been made to retire on the ground that he was lacking in medical fitness and that he was not in the required ‘Shape-1’.
He put reliance in an earlier judgment of the Gauhati High Court in a similar case, wherein it was held that the personnel concerned could not have been prematurely retired from service on the ground of not having the required medical fitness by invoking Rule 48 (1) (b) of the 1972 Rules.
The Court look into the submitted document filed by authorities and states that “it clearly shows that the petitioner has not been prematurely retired on the ground that the Government servant’s integrity was doubtful or that he was found to be ineffective in service”.
The Court on the basis of precedent judgment held that “the State respondents, in the guise of applying Rule 48 (1) (b) of the Rules of 1972 or 56 (j) cannot retire a person due to low medical categorization, without first following the procedure prescribed under Rule 26 of the Assam Rifles Rules, 2010.”
The Court concluded that “the petitioner in the present case was prematurely retired from service on the ground of his low medical categorization by applying Rule 48 (1) (b) of the 1972 Rules, without first applying the procedure prescribed under Rule 26 of the Assam Rifles Rules, 2010, which is not sustainable as per the (earlier) decision of this court.”
As for the directions to State Government the court added, “Liberty is given to the State respondents to examine the medical fitness of the petitioner and take further steps, if necessary, by applying Rule 26 of the Assam Rifles Rules, 2010.”