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2022 Latest Caselaw 2086 Gua

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GAHC010091012019




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

                         Case No. : WP(C)/2747/2019

         GS-173215W MASON BHIM PRASAD AND 3 ORS.
         99 RCC PROJECT VARTAK, S/O BAHADUR RAM, R/O PROJECT VARTAK,
         DIST.-SONITPUR, ASSAM, PRESENTLY SERVING AS MASON AT 99 RCC
         PROJECT VARTAK

         2: GS-173413F MASON SURESH RAM
          129 RCC PROJECT SWASTIK
          S/O LT. RAMDIN RAM
          R/O LANKESWAR
          GUWAHATI
          DIST.-KAMRUP (M)
         ASSAM
          PRESENTLY SERVING AS MASON AT 129 RCC PROJECT SWASTIK.

         3: GS 178493N MASON RABISH KUMAR
          129 RCC PROJECT SWASTIK
          S/O UNKNOWN
          R/O LANKESWAR
          GUWAHATI
          DIST.-KAMRUP(M)
         ASSAM
          PRESENTLY SERVING AS MASON AT 129 RCC PROJECT SWASTIK

         4: GS 176366A MASON S P CHOUDHURY
          75 RCC PROJECT DEEPAK
          S/O LT. PAMAJI CHOUDHURY
          R/O LANKESWAR
          GUWAHATI
          DIST.-KAMRUP (M)
         ASSAM
          PRESENTLY SERVING AS MASON AT 129 RCC PROJECT SWASTI

         VERSUS
                                                                          Page No.# 2/3

            UNION OF INDIA AND 4 ORS.
            REP. BY THE SECRETARY TO THE GOVT.OF INDIA, MINISTRY OF
            DEFENCE, SOUTH BLOCK, NEW DELHI-110001

            2:THE SECRETARY
             BORDER ROADS DEVELOPMENT BOARD
             B WING
             4TH FLOOR
             SENA BHAVAN
             NEW DELHI-110001

            3:THE DIRECTOR GENERAL BORDER ROADS
             SEEMA SADAK BHAVAN
             RING ROAD
             DELHI CANT
             NEW DELHI-110001

            4:THE CHIEF ENGINEER
             PROJECT VARTAK
             C/O 99 APO

            5:THE HQ ADGBR (EAST)
             LANKESWAR
             GUWAHATI
             PIN-93088

Advocate for the Petitioner   : MS. P BARUAH

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

-B E F O R E-

HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

10.06.2022

The petitioner's case revolves around the law laid down by a two Judges' Bench of the Apex Court in the case of Y.V. Rangaiah & Ors. -vs- J. Sreenivasa Rao & Ors ., reported in (1983) 3 SCC 284. On the other hand, a three Judges' Bench of the Apex Court has passed a judgment on 20.05.2022 in Civil Appeal No. 9746/2011 Page No.# 3/3

(State of Himachal Pradesh & Ors. -vs- Raj Kumar & Ors.), wherein it has been held that the law laid down in Y.V. Rangaiah (supra) does not reflect the correct proposition of law governing services under the Union and the States under Part-XIV of the Constitution of India. It has also over ruled the judgment passed in Y.V. Rangaiah (supra) in Para 37.3 of the said judgment.

On the prayer of the learned counsels for the parties, list this matter after the ensuing summer vacation.

JUDGE

Comparing Assistant