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july 2019

Supreme Court of India · 2019-07-16

Sulekha Rani vs Union Of India

Citation / case number
AIRONLINE 2019 SC 1095
Court
Supreme Court of India
Petitioner
Sulekha Rani
Respondent
Union Of India
Author
D.Y. Chandrachud
Bench
Indira Banerjee, Dhananjaya Y Chandrachud

Judgment text excerpt

The Supreme Court held that the absence of an Invalidation Medical Board prior to the discharge of a soldier, who was initially in SHAPE 1 medical category, raises questions about the validity of the discharge and the entitlement to pension. Citing Rule 5 and Rule 14(b) of the Army Rules, the Court emphasized that a soldier is presumed to be in sound condition upon entry unless noted otherwise, and any subsequent health deterioration is presumed to be due to service. The Court ultimately ruled in favor of the appellant, reversing the Armed Forces Tribunal's decision and granting the claim for pension based on established precedents in Dharamvir Singh v UOI and Union of India v Rajpal Singh.

Sulekha Rani vs Union Of India · Niyam