A division bench of RM Doshit and SD Dave of the Gujarat high court has ordered to reinstate an army officer who was discharged from service for falling under the lower medical category.When a person comes under the low medical category he/she is supposed to have low physical fitness.
The high court also ordered to give service benefit to the officer.Rajesh Pandey, a junior commissioned officer deputed at Jamnagar, approached the Gujarat high court on May 1, 2008 challenging an order to discharge him under the Low Medical Category by army authorities. Senior counsel Yatin Oza with counsel Ashish Desai submitted in the court that Pandey, who joined the army in 1985, was performing his duty as junior commissioned officer at Jamnagar.
However in May 2003, the army authorities discharged him from duty as he came under the Low Medical Category. This means he came under the category of low physical fitness. The counsels, citing a judgment of the Delhi court, submitted that, Pandey cannot be directly discharged from duty without referring such case to the invalidating medical board. After the hearing, the court delivered an order reinstating Pandey.“Pandey will be reinstated in the service with all consequential benefits including continuity in service, pay and allowances and seniority. He will report for duty within 15 days,” the bench said. The order was given on June 29.
However, the court clarified that the order shall not preclude the army authorities from carrying out any police verification as may be deemed appropriate by them or from holding the invalidating medical board in accordance with the Army Act, Army Rules and the prevalent instructions.
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