Highly Unjustified and Unfair: Punjab and Haryana High Court Sets Aside BSF Termination Over Post-Recruitment Illness

In a landmark decision, the Punjab and Haryana High Court has set aside the termination of a Border Security Force (BSF) constable, diagnosed with bone tuberculosis after his recruitment. Justice Jagmohan Bansal, presiding over the case, termed the termination as "highly unjustified and unfair."

The petitioner, Amarnath Ram, was removed from the BSF due to his medical condition, diagnosed after he had already been recruited. The court was called upon to examine the legality and fairness of this action.

"It seems to be highly unjustified and unfair to weed out an employee on the ground that he cannot complete basic training because of a disease which he has suffered post joining of service and it is a curable disease," Justice Bansal observed in his judgement.

In the course of the proceedings, it was revealed that there was a conflict between the medical report provided by PGI, Chandigarh, and the medical board of the respondent, BSF. The latter had declared Ram unfit for basic training, whereas PGI, Chandigarh had certified him fit for the job.

In the judgement, Justice Bansal also directed the BSF to "sympathetically reconsider the case of the petitioner for any post other than post of Constable," and to complete this reconsideration process within six months from the date of the judgment.

The case drew attention to various Supreme Court decisions that the petitioner relied upon, highlighting the unfairness of being terminated for a condition contracted after joining service.

Date of Decision: 02.09.2023

Amarnath Ram vs Union of India and others    

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