Ekta Jaiswal v. Union of India Thru. Director General Railway Protection Force New Delhi and 3 Others

Court No. - 20 Case :- WRIT - A No. - 5647 of 2023 Petitioner :- Ekta Jaiswal Respondent :- Union Of India Thru. Director General Railway Protection Force New Delhi And 3 Others Counsel for Petitioner :- Praveen Kumar,Saroj Kumar Verma,Sudhanshu Srivastava Counsel for Respondent :- A.S.G.I. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and Mr. S. B. Pandey, Senior Advocate, Deputy Solicitor General of India assisted by Mr. Varun Pandey, learned counsel for opposite parties.

¶2Petition has been filed seeking a direction to opposite parties to take a decision with regard to holding a Medical Board to re-examine petitioner.

¶3It has been submitted that petitioner while working on the post of Constable in the Railway Protection Force, lost the use of index finger of the right hand whereafter she was declared medically fit but is requesting for holding of re-medical examination for which purpose petitioner's representation is still pending consideration. At present, learned counsel for petitioner restricts prayer for a final decision with regard to same.

¶4Learned counsel for opposite parties on the basis of written instructions dated 04.10.2023, which are taken on record, however, has submitted that loss of index finger does not invalidate her for the whole B1 category and therefore she has been encouraged to use the middle finger for the use of the firearm. However, he does not have any objection in case petitioner's representation is decided.

¶5Considering the innocuous prayer, without entering into merits, opposite party no.2 i.e. the Principal Chief Medical Director, Headquarter Office, Baroda House, New Delhi is directed to decide petitioner's representation dated 10.03.2023 expeditiously within a period of eight weeks from the date a certified copy of this order is produced before the said authority.

¶6With aforesaid observations and directions, the petition is finally disposed of. Order Date :- 13.10.2023 kvg/- High Court of Judicature at Allahabad, Lucknow Bench