COL (RETD.) MR. H.S. MANJUNATH AND OTHERS Vs. UNION OF INDIA, BY AIR VICE MARSHALL COMMANDANT COMMAND HOSPITAL AIR FORCE

JUDGEMENT

(1.) THE appellants herein are the defendants in O.S. No. 4702/2008. The said suit was filed by the respondent herein seeking for a judgment and decree against the defendants holding them liable to pay the security amount of Rs. 5,00,000/ - with interest at the rate of 12% p.a. The Court below after considering the rival contentions has decreed the suit by its judgment dated 05.11.2011. The defendants claiming to be aggrieved by the same are before this Court in this appeal.

(2.) THE parties would be referred to in the same rank as assigned to them before the Court below for the purpose of convenience and clarity.

(3.) IN the instant case, it is contended that though the first defendant had availed the benefit of the training relating to the course offered by the Command Hospital, she had not subsequently joined the service. The medical examination conducted on the first defendant on 13.04.2005 as well as on 25.08.2005 is referred to indicate that the first defendant was declared unfit due to obesity and therefore, was not medically fit within the parameters of medical fitness provided for defence services. It is in that context, the plaintiff contends that the first defendant though having taken the benefit of the Post Graduation Course offered by the plaintiff was not thereafter commissioned and as such, the defendants are jointly and severally liable to make good the amount which has been agreed by them under the surety bond.