New Delhi, Nov 12 (UNI) The Supreme Court has dismissed the Union government's appeal against the Delhi High Court order staying the removal of a large number of army jawans found to be of low medical category.
This order will benefit a large number of army personnel running into several thousands, who were dismissed from service after being declared medically unfit and marginally physically handicapped.
A bench comprising Justices C K Thakker and D K Jain in their judgement dated November 7, has held that unless and utill the cases of low medical category jawans are sent to Invalidating Medical Board of the Army, they cannot be removed from service on the grounds that the concerned jawans are medically unfit.
The Union government had come in appeal to the apex court against the interim order of the High Court vide which the removal of army jawans from service, who had filed writ petitions in the High Court was stayed.
Though a large number of jawans were forced to take voluntary retirements, no officer was found medically unfit.
The army jawans, who were affected by the army order have been in service for 15 to 20 years.
The order of the apex court will benefit a large number of army personnel, who had to take voluntary retirement on being declared low medical category personnel.
Justice Jain wrote judgement for the bench which disposed of all the writ petitions pending in High Court on merit.
The petitioner has challenged the defence ministry order on the grounds that proper procedure has not been adopted while declaring them medically unfit and their cases were not referred to Invalidating Medical Board of the army.
UNI SC SV RN1828