Full Judgment Text
C.A. No. of 2010 @ SLP(C) 30194 of 2008
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3940 OF 2010
[arising out of SLP(C) No. 30194 of 2008]
UNION OF INDIA & ORS. ..... APPELLANTS
VERSUS
JASWANT KUMAR ..... RESPONDENT
O R D E R
1. Leave granted.
2. The respondent herein was appointed as a
Constable with the Central Reserve Police Force on the
nd
2 of April, 1991 and was posted on polling duty in
District Poonch, Jammu in the year 2002. During his
duty guarding ballot boxes, he suffered an injury in an
encounter with terrorists and as a result of a
ricochetting bullet, received a splinter injury to the
right eye. In the Court of Inquiry that followed
regarding the incident, the respondent was applauded
for his courage, intelligence and earnestness and was,
accordingly, given some special benefits as well. The
respondent subsequently filed a petition before the
High Court of Delhi claiming two reliefs:
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(i) the benefits of the Group Personal Accidental
Insurance Scheme (GPAIS Scheme) and
(ii) accelerated promotion on the basis of Assured
Career Progression Scheme (ACP Scheme).
In so far as the first aspect is concerned, the
High Court in its judgment expressed surprise that
though the papers had been forwarded to the United
nd
India Insurance Company on 22 September, 2005, as it
was that agency which was to make the payment, nothing
had been done for almost three years from that date
though the premium was being deducted every month from
the respondent's salary. A direction was, accordingly,
issued to the Union of India to take up the matter with
the Insurance Company and to ensure that the benefit of
the Group Personal Accident Insurance Scheme were
remitted to the respondent with interest for delayed
payment as per the norms within a maximum period of
three months from the date of judgment.
3. The second claim of the respondent herein was,
however, strongly controverted by the Union of India.
It was pointed out that as per condition No. 6 of the
ACP Scheme, promotions were to be made from amongst
those persons who were under the medical category
Shape-1, and that the respondent herein was not of the
requisite category, as he had suffered an injury to the
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right eye and as such was not entitled to promotion
notwithstanding the fact that his case for promotion
had been forwarded to the concerned authority and he
had appeared in the test and passed the same as well.
The High Court however, observed that as the
respondent's case had been forwarded for promotion and
he had actually taken the test and passed it
successfully and as the only defence of the Union of
India was that his candidature had been forwarded by
mistake, was a factor that did not warrant that the
respondent should be kept out of the promotion scheme.
The writ petition was, accordingly, allowed.
4. The present appeal has been filed by the Union
of India impugning the judgment aforesaid.
5. We have heard the learned Additional Solicitor
General and Mr. Abhay Kumar, learned counsel for the
respondent.
6. In the facts and circumstances of the case that have
been brought to our notice by the learned counsel, more
particularly, that the respondent was a meritorious
person, his case had been forwarded for accelerated
promotion under the ACP Scheme and that he had cleared
the test and completed the training as well and it was
at that stage that an attempt was being made to keep
him back on account of his low medical category, no
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interference is called for in the peculiar facts of the
case. However, the legal issues raised are kept open
for discussion in some other suitable case. We
further direct that the Union of India-appellant will
ensure that the Insurance Company which is not a party
before us, will make the payment to the respondent
within a period of three months from today in terms
ordered by the High Court..
7. The appeal is disposed of accordingly.
..................J
[HARJIT SINGH BEDI]
..................J
[J.M. PANCHAL]
NEW DELHI
APRIL 28, 2010.