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Supreme Court - Daily Orders

Sgt Chaman Lal vs Union Of India . on 26 April, 2017

Bench: Dipak Misra, A.M. Khanwilkar, Mohan M. Shantanagoudar

                                                                                             1

     ITEM NO.10                                   COURT NO.2                 SECTION XVII

                                    S U P R E M E C O U R T O F        I N D I A
                                            RECORD OF PROCEEDINGS

                                           Civil Appeal No(s).8834/2015

     SGT CHAMAN LAL                                                         Appellant(s)

                                                       VERSUS

     UNION OF INDIA & ORS.                              Respondent(s)
     (with appln. (s) for directions and office report)

     Date : 26/04/2017 This appeal was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE DIPAK MISRA
                             HON'BLE MR. JUSTICE A.M. KHANWILKAR
                             HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

     For Appellant(s)
                                            Appellant-in-person

     For Respondent(s)
                                           Mr.Yashank Adhyaru, Sr.Adv.
                                           Mr.Santosh Kumar, Adv.
                                           Mr.Pranav Kumar, Adv.
                                           Mr.M.K. Maroria, Adv.


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Heard Mr.Chaman Lal, the appellant-in-person and Mr.Yashank Adhyaru, learned senior counsel for the respondents.

It is submitted by Mr.Chaman Lal that one Shri J.B.Yadav who is presently posted at Air Force Station, Hindon, Ghaziabad though more handicapped yet has been confirmed and given the benefit of promotion. Mr.Yashank Adhyaru, learned senior counsel would submit that it would depend upon the work and function of the disabled person whether he can carry out the nature of the job assigned to Signature Not Verified him and disability factor has to be judged by the concerned Medical Digitally signed by ASHOK RAJ SINGH Date: 2017.05.02 Board which has been done in the present case. 15:14:44 IST Reason:

Having heard Mr.Chaman Lal, the appellant-in-person and learned senior counsel for the respondents, to satisfy ourselves we 2 direct the Medical Board from Indian Air Force and two doctors from All India Institute of Medical Sciences (AIIMS), New Delhi to examine Shri J.B.Yadav and Shri Chaman Lal, the appellant in this appeal with regard to their disability and also their functional disability regard being had to the nature of the work. The report shall be filed in a sealed cover before this Court in the first week of July, 2017. The Medical Board while considering the disability shall also deal with the medical category in its report. The appellant shall be notified about the date after the first respondent and its functionaries constitute a Medical Board consisting of doctors from the Indian Air Force and two doctors from the All India Institute of Medical Sciences, New Delhi. The date shall be intimated to the appellant as well as Mr.J.B.Yadav ten days in advance so that they remain present on the date fixed.
Let the matter be listed on 11th July, 2017.
Needless to say, we have issued this direction as we intend to satisfy ourselves.
        (Ashok Raj Singh)                            (H.S.Parasher)
          Court Master                                Court Master