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GAHC010260762019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8004/2019
AMAL KUMAR LAHA
S/O. LT. ASHWINI KR. LAHA, R/O. LINK ROAD (MAIN), HOUSE NO.18, P.S.
SILCHAR, DIST. CACHAR, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
HEALTH AND FAMILY WELFARE (B) DEPTT., SACHIVALAYA, DISPUR,
GUWAHATI-781006.
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (B) DEPTT.
SACHIVALAYA
DISPUR
GUWAHATI-781006.
3:THE ADDL. SECRETARY
TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE (B) DEPTT.
SACHIVALAYA
DISPUR
GUWAHATI-781006.
4:THE DIRECTOR
MEDICAL EDUCATION
ASSAM
KHANAPARA
SIX MILE
GUWAHATI-781022.
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5:THE PRINCIPAL CUM CHIEF SUPERINTENDENT
FAKHRUDDIN ALI AHMED MEDICAL COLLEGE AND HOSPITAL
JOTI GAON
BARPETA
PIN-781301
Advocate for the Petitioner : MR. S BORTHAKUR
Advocate for the Respondent : SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
09.02.2021 Mr. S. Borthakur, learned counsel for the petitioner submits that while the petitioner had prayed for voluntary retirement, the respondents had issued a Show-Cause notice which stated that the petitioner was unauthorizedly absent. The petitioner's case is that unless the application of a Government servant for voluntary retirement is decided within a period of 3 (three) months, the application is deemed to be allowed in terms of the judgment of the Division Bench of this Court in State of Arunachal Pradesh and 5 Others vs. Tai Nikio), reported in 2019 (2) GLT 424. He also submits that the Show-Cause notice issued to the petitioner had been filed after the expiry of three months of the petitioner's application for voluntary retirement.
Mr. D.P. Borah, learned Standing Counsel, Health submits that he has received instructions and he will file affidavit within 2 (two) weeks.
List after two weeks.
JUDGE Comparing Assistant