NAND KISHOR versus UNION OF INDIA & ORS.

NAND KISHOR versus UNION OF INDIA & ORS.

Appellant's injury occurred while on duty, which, in light of Defence Notification under Army Act s.9, is deemed 'active service'; hence, appellant is eligible under SHAPE-II for grant of Commission.

Parties
Appellant: Nano Kishore Mishra; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
08 January 2013
Procedural Posture
Civil Appeal / Appeal From Armed Forces Tribunal
Outcome
Appeal allowed
Legal Topics
Grant of Commission, Medical Eligibility Criteria, Active Service Definition
Military Law Administrative Law Grant of Commission Medical Eligibility Criteria Active Service Definition

Case Brief

Summary, issues, holding and outcome

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Parties

Nano Kishore Mishra

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Armed Forces Tribunal

Legal Issues

  1. 1 Whether appellant's injury sustained while joining duty constitutes 'active service' under Army Act and Defence Notification
  2. 2 Whether medical eligibility under SHAPE-II applies to appellant for grant of Commission

Ratio Decidendi

Appellant's injury occurred while on duty, which, in light of Defence Notification under Army Act s.9, is deemed 'active service'; hence, appellant is eligible under SHAPE-II for grant of Commission.

Court Disposition

Appeal allowed

Orders

  • Order of Armed Forces Tribunal set aside
  • Authorities directed to consider appellant under Medical Category SHAPE-II