Amal Kumar Laha vs The State Of Assam And 4 Ors
2021 Latest Caselaw 450 Gua

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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