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2015 Supreme(P&H) 990

DEEPAK SIBAL
Joginder Singh – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Ramneek Vasudeva, Advocate.
For the Respondents:Chetan Mittal, Senior Advocate as Assistant Solicitor General of India andUdit Garg, Senior Panel Counsel.

Deepak Sibal, J.

1. In the year 2003, the Ministry of Defence, Government of India introduced the Ex-Servicemen Contributory Health Scheme (hereinafter referred to as - the Scheme).

2. The Scheme aimed to provide medicare to ex-servicemen and their dependents through a network of polyclinics and service medical facilities spread across the country. The Scheme was a contributory Scheme and was to extend the earlier referred benefits on payment of contribution. The appointment of the staff, under the Scheme, was to be on contractual basis.

3. As per Appendix-A attached to the Scheme, for the category of Medical Officers/Specialists, Dental Officers and Officers Incharge of Poly Clinics, the age limit for contractual appointments was 65 years. So far as Nursing Assistants/Laboratory Assistants and Dental Assistants/Hygienists were concerned, the prescribed age limit for them was 55 years.

4. It is in pursuance to the Scheme that all the petitioners were appointed on different dates on contractual basis, but before such appointments, an Agreement of service was duly entered into between the petitioners and respondents. The relevant portion of such Agreement in the case of one of the petiti




























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