Case Note & Summary
The dispute arose from the termination of a constable's service in the Central Reserve Police Force (CRPF) due to alleged medical unsuitability. The appellant, Ajay Kumar, was initially recruited but was found to have vision issues during a medical examination. A Medical Board later assessed him and concluded that he was fit for the role. Despite this, the Director of Medical Directorate terminated his services. The appellant challenged this decision through a writ petition, leading to a referral to a Medical Board from the Postgraduate Institute of Medical Education and Research, Chandigarh. The Board confirmed that the appellant had normal visual acuity and was fit for service. The Supreme Court, upon reviewing the case, found the termination unjustified based on the medical opinion and directed the respondents to reinstate the appellant. However, the court ruled that he would not receive back wages for the period he was out of service, but he was entitled to wages for the time he had served. The appeal was disposed of accordingly.
Headnote
A) Employment Law - Medical Fitness - Termination of Service - Constitution of India, Article 14 - The appellant was terminated from service on grounds of medical unsuitability despite a favorable medical opinion from a Board. The court held that the appellant was fit for the job and directed reinstatement without back wages for the period out of service (Paras 1-2).
Issue of Consideration
Whether the appellant was medically fit for service and entitled to reinstatement.
Final Decision
The Supreme Court allowed the appeal, directing the reinstatement of the appellant in service based on the medical board's favorable opinion, while denying back wages for the period he was out of service.
Law Points
- Medical fitness
- Employment termination
- Reinstatement
- Back wages
