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2021 Supreme(HP) 633

SABINA, SATYEN VAIDYA
Bhisham Singh Ram Gopal – Appellant
Versus
Union of India through Secretary (Home Affairs), New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sameer Thakur.
For the Respondent: Bal Ram Sharma.

JUDGMENT :

SATYEN VAIDYA, J.

1. By way of instant appeal, the appellant has assailed the judgment dated 17.12.2018 passed by Hon'ble Single Judge in case CWP No. 1643 of 2016 titled as Bhisham Singh vs. Union of India and Others.

2. The facts of the case reveal weary tale of a soldier who instead of fighting on the battlefield had to fight in the Courts. His fight against employer, for his lawful dues, started in the year 2000 and after 21 years, the battle still continues.

3. Appellant was a constable in Indo-Tibetan Police Force. He was recruited on 04.05.1970. In 1971 appellant suffered an injury to his left eye. Though, the injury did not cause any immediate damage, but the appellant suffered loss of vision in 1980. Despite treatment, he could not regain lost vision. It is not denied that the loss of vision suffered by the appellant was caused due to risk of service and the injury was sustained by him while discharging Government duty. Appellant was again medically examined on 06.12.1983 and was found to be physically disabled under category BEE (P). He was declared unfit for d

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