For Appellant(S) : Mr. A. Deb vs Ajay Kumar And Anr
2025 Latest Caselaw 754 Tri

Tripura High Court

For Appellant(S) : Mr. A. Deb vs Ajay Kumar And Anr on 23 May, 2025

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                            HIGH COURT OF TRIPURA
                                  AGARTALA
                            Mac. App No. 72 of 2024


 For Appellant(s)           :     Mr. A. Deb, Advocate.

 For Respondent(s)          :     Mr. BN. Majumder, Advocate.


                HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                     ORDER

23.05.2025

When the case is called, there is a representation on behalf of

Mr. A. Acharjee, learned counsel for the claimant that today, due to his

domestic inconvenience, he is not attending the Court.

Mr. BN Majumder, learned counsel appearing for the respondent

No.3 in continuation of his argument advanced yesterday, indicating that

mere filing of a disability certificate and marked the same as exhibit does not

confer the right and entitlement on the strength of said disability certificate as

decided by Hon'ble Supreme Court in Raj Kumar vs. Ajay Kumar and Anr.

Civil Appeal No. 8981 of 2010 (arising out of SLP (C) No. 10383 of

2007) and also contended that unless the doctor is examined, no weightage

can be given to the disability certificate which is placed on record. In support

of his argument, he has referred the Judgment of Hon'ble Supreme Court in

Raj Kumar vs. Ajay Kumar and Anr. Civil Appeal No. 8981 of 2010

(arising out of SLP (C) No. 10383 of 2007) and Rajesh Kumar v. Yudhvir

Singh and Anr. [Civil Appeal No. 3538 of 2008 arising out of S.L.P (C)

No.8050 of 2007.

Mr. Majumder, learned counsel further submits that the disability

certificate which is marked as exhibit-14 was not considered by the court

below and the appellant is before this Court seeking enhancement on the

strength of disability certificate of 70% for five years and prays that the appeal

to be dismissed confirming the order passed by the Tribunal.

Since Mr.A. Acharjee, learned counsel is not present before this

Court, the matter stands adjourned on 28.05.2025.

JUDGE

Paritosh

SABYA Digitally signed by SABYASACHI

SACHI Date:

GHOSH

2025.05.23 GHOSH 17:27:23 +05'30'