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Ex. Hav Mani Ram Bhaira: Signature Not Verified
Ex. Hav Mani Ram Bhaira: Signature Not Verified
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O R D E R
body, has held that since the disability suffered by the appellant
counsel for the respondent has all the same taken us through the
this Court in Union of India Vs. Rajbir Singh 2015 (12) SCC 264
(Civil Appeal No. 2904 of 2011). This Court has in the said
Awards, 1982 and the decisions rendered by this Court from time to
governing principles:
This Court has then referred to Dharam Vir Singh Vs. UOI 2013
the view that the claim made by the appellant for payment of
Rajbir Singh's case (supra), in cases where the Medical Board has
This Court has in more than clear terms stated that the burden to
lies upon the employer. The soldier cannot be asked to prove that
are found physically fit and recruited into the Army any
by the Tribunal and allow O.A. No. 59/2010 with a direction that
prescribed under the Rules w.e.f. the date he was released from
of this Court's decision in Union of India and Ors. Vs. Ram Avtar
(Civil Appeal No. 418 of 2012 and connected matters) shall also be
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................CJI.
(T.S.THAKUR)
.................J.
(R.BANUMATHI)
New Delhi,
Dated: 11th February, 2016.
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Leave granted.
found fit in all respects for service in the Army. In due course
his being in low medical category “EEE”. The appellant's claim for
appellant filed Civil Suit No. 21 of 2001 before the Civil Judge,
suit filed by the appellant. The Appellate Court held that the
before us.
medical tests and found fit. It is also not disputed that the
Medical Board who conducted such medical check up did not make
Vs. Rajbir Singh 2015 (12) SCC 264 where this Court has upon a
principles as under:
upon the report of the Medical Board to the effect that the
may the Medical Board has simply opined that the disease is
alone any cogent analysis of the cause or the basis on which the
suffice.
passed by the Tribunal and allow T.A. No. 986 of 2010 with the
pension w.e.f. the date of his discharge from service with the
regulations. No costs.
................CJI.
(T.S.THAKUR)
.................J.
(R.BANUMATHI)
New Delhi,
Dated: 11th February, 2016.
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S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
VERSUS
WITH
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MRS. JUSTICE R. BANUMATHI