Anil Kumar vs Union of India and Others

Navaniti Prasad Singh, J.—Petitioner has been put under Low Medical Category having been found colour blind and unfit for duty in Central Reserve Police Force. He has been advised to apply for voluntary retirement otherwise he would be boarded out and medically invalidated. Petitioner challenges this.

Apparently, the only ground for taking this stern action is that the petitioner became colour blind after about 29 years of service in CRPF. This is a physical disability and is covered under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the contingency is covered by section 47 thereof. Similar position has been examined by Supreme Court in the case of Kunal Singh Vs. Union of India (UOI) and Another, wherein considering a similar situation the Apex Court held that the service of a person cannot be dispensed with but in terms of section 47 of the Act, State is obliged to keep him on pay role till they can find suitable employment in the organization itself. Petitioner thus, in view of the said judgment of the Apex Court, cannot be boarded out and medically invalidated till they find suitable employment in the organization itself. Petitioner will continue in service with full emoluments till proper work for him found in the organization itself. Annexure-5 being letter dated 24.8.2009 of the Commandant, 21 Battalion, Central Reserve Police Force, Srinagar, is hereby quashed.

The writ petition is thus allowed.