Page No.# 1/3 vs Union Of India And 4 Ors
2022 Latest Caselaw 1164 Gua

                                                               Page No.# 1/3

GAHC010060892022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/2368/2022

         EX NO. 380067 H HAV/CARPENTER PULIN CHANDRA NATH AND 4 ORS
         S/O LATE THANESWAR NATH, RETIRED FROM SERVICE AS
         HAVILDAR/CARPENTER FROM NO. 1 CONSTRUCTION AND
         MAINTENANCE COMPANY ASSAM RIFLES C/O 99 APO

         2: EX NO. G/3700359 HAV/GD JAY KUMAR GURUNG
          S/O LATE HAITA BAHADUR GURUNG
          RETIRED FROM SERVICE AS HAVILDAR/GD FROM 37TH ASSAM RIFLES
          C/O 99 APO
          PIN-932037

         3: EX NO G/75102 RFN/GD YUDHA VIR CHETTRI
          S/O LATE SRIMAN CHETTRI
          RETIRED FROM SERVICE AS RIFLEMAN/GD FROM 7TH ASSAM RIFLES
          C/O 99 APO
          PIN-932007

         4: EX NO G/3700368 HAV/GD SEBAK SHARMA
          S/O SACHINDRA SHARMA GURUNG
          RETIRED FROM SERVICE AS HAVILDAR/GD FROM 37TH ASSAM RIFLES
          C/O 99 APO
          PIN-932037

         5: EX NO G/2501114 RFN/GD BABU RAJAN V
          S/O LATE KARUNAKARA KURUP
          DISCHARGED FROM SERVICE AS RIFLEMAN/GD FROM 25TH ASSAM
         RIFLES C/O 99 APO
          PIN-93202

         VERSUS

         UNION OF INDIA AND 4 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
         MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110001
                                                                    Page No.# 2/3


             2:THE DIRECTOR GENERAL ASSAM RIFLES
              HEAD QUARTER MAHANIDESHALAYA ASSAM RIFLES SHILLONG
              MEGHALAYA
              PIN-973011

             3:THE COMMANDANT NO. 1 CONSTRUCTION AND MAINTENANCE
             COMPANY
             ASSAM RIFLES
              C/O 99 APO

             4:THE COMMANDANT
              25TH ASSAM RIFLES
              C/O 99 APO
              PIN-932025

             5:THE COMMANDANT
              37TH ASSAM RIFLES
              C/O 99 APO
              PIN-93203

Advocate for the Petitioner   : MR V KUMAR

Advocate for the Respondent : ASSTT.S.G.I.




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                             ORDER

01.04.2022

Heard Mr. B. Pathak, learned counsel for the petitioners, who submits that the petitioners, who have been serving in the Assam Rifles for 30 years, have been issued discharge orders under Rule 48 of the CCS (Pension) Rules, 1972 on the ground of being in the Low Medical Category.

The petitioners' counsel submits that the present case is covered by the judgment and order dated 12.02.2021 passed in a batch of writ petitions, the leading case being WP(C) 1421/2017. He submits that in pursuant to the order passed in WP(C) 1421/2017, the Assam Rifles have issued a Policy Page No.# 3/3

Letter on retiring pension on 06.09.2021.

The petitioners' counsel submits that the petitioner nos.1 - 5 have been discharged from service on 01.01.2020, 14.12.2019, 01.05.2016, 31.03.2021 and 31.08.2015 respectively.

Issue Notice returnable in 4 (four) weeks.

Mr. P.S. Bhattacharya, learned CGC accepts notice on behalf of all the respondents.

List the matter after four weeks.

The question of whether the petitioners are fence sitters is kept open.

JUDGE

Comparing Assistant