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2024 Supreme(Gau) 60

SOUMITRA SAIKIA
Sh. Nek Mohhammad – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. S. Bora, Advocate
For the Respondents: Ms. B. Sharma, CGC

JUDGMENT :

The petitioner before this Court was a member of Paramilitary Force, Assam Rifles. Pursuant to a selection procedure to which the petitioner had applied for, he was selected and appointed to the post of Riflemen/GD (General Duty). The petitioner joined in the Assam Rifles Training Centre and School, Dimapur, Nagaland on 12.10.2002. After due verification of all relevant documents as well as medical checkup, the petitioner was found to be fit and he was accepted to be a member of the Force. He was then deputed for Military Basic Training to “Gharwal Rifles Training Centre” Lancedown, Uttarakhand. During the final test of the basic military training, while he was undergoing Battle Physical Efficiency Test (hereinafter referred to as “BPET”), he suffered an injury leading to a fracture in his right knee. He was admitted to Military Hospital, Dehradun, Uttarakhand and thereafter referred to Base Hospital, Lucknow for further treatment. The medical term for the injury suffered by the petitioner was Supra Condylar Fracture (RT) Femur (optd). After his treatment, he was sent back to Assam Rifles Training Centre & School, Dimapur. Although the petitioner reported to the Assam Rif

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