https://www.taxtmi.com/caselaws?id=307186 Service rules permitting promotion subject to medical fitness allowed consideration of an officer who was not in the highest medical category, so long as he could perform normal active duties and the condition was not likely to be aggravated by service. The selection board knew the officer's medical status, recommended promotion, and the competent higher authorities approved that recommendation. In light of that conscious assessment and the medical experts' later upgrade of the officer's status, a subsequent medical objection could not override the earlier approvals. The court also declined to reappraise the medical opinion as a medical expert would. The promotion denial was unjustified and the tribunal's direction granting promotion with consequential benefits was left undisturbed. en-us Tue, 17 May 2022 00:00:00 +0530 Fri, 24 Mar 2023 09:41:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=307186 Service rules permitting promotion subject to medical fitness allowed consideration of an officer who was not in the highest medical category, so long as he could perform normal active duties and the condition was not likely to be aggravated by service. The selection board knew the officer's medical status, recommended promotion, and the competent higher authorities approved that recommendation. In light of that conscious assessment and the medical experts' later upgrade of the officer's status, a subsequent medical objection could not override the earlier approvals. The court also declined to reappraise the medical opinion as a medical expert would. The promotion denial was unjustified and the tribunal's direction granting promotion with consequential benefits was left undisturbed. Case-Laws Indian Laws Tue, 17 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307186