Between:
HONOURABLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24290 OF 2013 Date:21.01.2014.
Laxmi Simoniya W/o.Sh.Ved Prakash.
And Union of India, rep. by its Secretary, Ministry of Home Affairs, CGO Complex, Lodhi Road, New Delhi and others.
…. Petitioner …. Respondents ORDER:
HONOURABLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24290 OF 2013 The petitioner was appointed as Sub-Inspector in Central Industrial Security Force (CISF) vide order No.E-37013/36th SI(E)/NISA/Adm:II/10-161, dated 04.11.2010 of the 3rd respondent – Commandant. She was kept on probation for a period of two years from the date of appointment. She was directed to report to the Director, National Industrial Security Academy (NISA), Hakimpet, Hyderabad for basic training from 13.12.2010. It appears that the petitioner fell sick during the training. She was hospitalised in the Academy hospital from 23.02.2011 to 08.03.2011. She was diagnosed as suffering from migraine. She was again hospitalised on 16.03.2011 and was permitted to avail medical home rest for 30 days with effect from 02.04.2011 to 01.05.2011. She remained in the hospital up to 17.04.2011. After the treatment, she was declared fit for training with effect from 18.04.2011. But she fell unconscious once again on 31.07.2011. The petitioner was referred to the Nizam’s Institute of Medical Sciences (NIMS), Hyderabad for review and consultation. The petitioner did not avail the treatment at NIMS.
2. On account of her illness, the petitioner missed her training for a total period of 48 days i.e., from 23.02.2011 to 08.03.2011, from 16.03.2011 to 17.04.2011 and on 02.08.2011. The petitioner also did not appear for certain outdoor tests and indoor papers. Considering the aforesaid facts, the petitioner was found unfit to undergo the basic training and accordingly her probation was terminated by orders dated 09.12.2011 passed by the 3rd respondent – Commandant. The said order was confirmed in appeal by the 2nd respondent - Inspector General (Training Sector) vide orders No.V-11014/TS/APPEAL- 316/LS(NISA)/ 2013/654, dated 08.02.2013.
3. The aforesaid termination order is challenged by the petitioner on two grounds – (1) Migraine is not a disease which permanently affects the health of an individual and it is a curable ailment; the petitioner, though in the earlier medical tests was found to be suffering from the ailment, has improved her health condition and is no longer suffering; and (2) though the petitioner could not undergo the basic training for a certain period, she is entitled to cover up the training if relegation benefit is given to her. She relies upon the Circular No.14/TRG/2010, dated 24.05.2010 issued by the Department in that regard.
4. The claim of the petitioner is resisted by the respondents stating that the petitioner is suffering from an incurable ailment; she is found not suitable for the job of Sub-Inspector as it involves handling of arms, which may lead to risk to the public as well as herself; and the performance of the petitioner is poor and hence she is not fit for permanent appointment. Therefore, according to the respondents her probation has been terminated by giving one month’s pay and allowance as per Rule-25 of CISF Rules, 2001.
5. I have considered the aforesaid contentions.
6. It is not in dispute that the petitioner suffered from migraine and was given treatment for 47 days. It is also not in dispute that she did not attend certain indoor and outdoor tests. Be that as it may, the fact remains that she could not complete her training owing to her illness. Guidelines were issued in Circular No.14/TRG//2010, dated 24.05.2010 to deal with the cases of trainees who are not in a position to complete the training due to health reasons. According to the guidelines “whatsoever may be the reason due to which the trainee may not have attended the classes on Indoor/Outdoor subjects or might have performed poorly in periodical and final tests, relegation will have to be done.” Clause - C of the Circular deals with the absence period 41-60 days. In such a case it has been provided that the maximum relegation would be upto six weeks. Therefore, it is clear from the circular that the respondents are conscious of the difficulties that may be faced by the direct recruits during the training and adequate provisions are made by giving relegation period to complete the training as well as to improve the performance. The said circular specifically applies to persons suffering from sickness like the petitioner herein.
7. The petitioner, in the ordinary course, would have been given the benefit of the aforesaid circular and she would have been relegated to cover up the training period and performance. But, as noted above, her ailment, which is considered by the respondents as incurable, has been taken as the main cause for terminating the probation.
8. This Court is conscious of the fact that it has no expertise in the medical arena, and it cannot give its own opinion in the matter. Generally, migraine is supposed to be an ailment, which is the result of fundamental neurological abnormalities caused by genetic mutations at work in the brain. The pain of a migraine is felt as an intense pulsing or throbbing pain in one area of the head. Basically the condition of a patient depends on severity or intensity of the ailment. Nevertheless, it appears that in a given case the ailment is a curable one depending upon the intensity/severity of the ailment. But it is a matter, which should be within the domain of the medical experts.
9. Having regard to the aforesaid facts, more particularly the petitioner was found to be fit after the treatment and was permitted for training with effect from 18.04.2011, this Court is of the considered opinion that ends of justice would be met if the petitioner is subjected to fresh medical examination to find out her present condition. This Court has arrived at this conclusion keeping in view of the fact that the ailment was cured atleast temporarily after her treatment at the Academy Hospital and she was found fit to undergo training with effect from 18.04.2011.
10. For the aforesaid reasons, the writ petition is disposed of with the following direction:
(1) The petitioner shall be subjected to fresh medical examination either at the National Industrial Security Academy Hospital or any other CISF Hospital, where facilities for the diagnosis of the ailment are available, within two weeks from the date of receipt of a copy of this order;
(2) to permit the petitioner for training in case she is found fit, in terms of Circular No.14/TRG/2010 dated 24.05.2010; and
(3) to keep the impugned orders in abeyance till decision is taken on the basis of the outcome of the medical examination, referred to above.
11. In view of the disposal of the writ petition, W.P.M.P. No.29897 of 2013 and W.V.M.P. No.3293 of 2013 shall stand dismissed as not necessary. There shall be no order as to costs.
NOUSHAD ALI, J January 21, 2014.
KTL