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Judgment
V.M. Sahai, J.—We have heard learned Counsel Mr. Ramnandan Singh for the Petitioner and Mrs. Vasavdatta Bhatt for the Respondents.
The Petitioner was appointed in Indian Army on 17.10.1986 as Clerk (G.D.). He was placed in permanent low medical category EE(P) with effect from July 1994 by the Medical Board held at Military Hospital, Ahmedabad. As per the policy of the Respondents, the persons who are placed in permanent low medical category, will normally be retained in service till completion of 10 years. The Respondents came to the conclusion by order dated 10.5.1995 and issued notice to the Petitioner that the Petitioner could not be suitably employed against sheltered appointment as the Petitioner was consistently in low medical category. As the Petitioner was unwilling to continue in service due to his domestic problems, as mentioned in Annexure-R2, and since he was placed in permanent low medical category and did not accept sheltered appointment, his further retention in service was not in public interest and he was discharged from Army service under Army Rules 13(3) I (III) Army Rule 13(3) Item III(v) for ORs. This notice dated 10.5.1995 issued by the Respondents was to be replied by the Petitioner by 17th March 1995.
Ultimately, the Petitioner has been discharged from service on 1.6.1995 after serving for a period of 8 years and 227 days as he was unwilling to serve. Therefore, the claim of the Petitioner to treat him as ex-serviceman cannot be granted.
In the result, this petition is dismissed. Rule is discharged. Parties shall bear their own cost.