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2023 Latest Caselaw 4510 Gua

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GAHC010227872023




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

                          Case No. : WP(C)/6371/2023

         EX NO. E/380429Y HAV/ELECTRICIAN NITYANANDA MOHANTY AND 3
         ORS
         S/O- SH. DAMBUR DHARA MOHANTY,
         RETIRED FROM SERVICE AS HAVILDAR/ ELECTRICIAN FROM HEAD
         QUARTER 22 SECTOR, ASSAM RIFLES, C/O- 99 APO.

         2: EX NO. S/356377
          HAV/ORL SHIV JANAM SINGH
          S/O- LATE BELI RAM

         RETIRED FROM SERVICE AS HAV/ORL FROM 27TH ASSAM RIFLES

         C/O- 99 APO
         PIN- 932027.

         3: EX NO. C/361555
         WARRANT OFFICER/CLERK RAMESH KUMAR
          S/O- JAGAT RAM

         RETIRED FROM SERVICE AS WARRANT OFFICER/CLERK FROM 18TH
         ASSAM RIFLES

         C/O- 99 APO
         PIN- 932018.

         4: EX NO. G/3200139K HAV/GD WANGLAK WANGPAN
          S/O- LATE AIPIA WANGPAN

         RETIRED FROM SERVICE AS HAVILDAR/GD FROM 43RD ASSAM RIFLES

         C/O- 99 APO
         PIN- 932043

         VERSUS
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            UNION OF INDIA AND 5 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
            MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
            NEW DELHI- 110001.

            2:THE DIRECTOR GENERAL ASSAM RIFLES
             HEAD QUARTER MAHANIDESHALAYA ASSAM RIFLES

            SHILLONG
            MEGHALAYA
            PIN- 973011.

            3:THE COMMANDAR
             HEAD QUARTER
             22 SECTOR
            ASSAM RIFLES
             C/O- 99 APO.

            4:THE COMMANDANT
             27 ASSAM RIFLES
             C/O- 99 APO
             PIN- 932002.

            5:THE COMMANDANT
             18TH ASSAM RIFLES
             C/O- 99 APO
             PIN- 932018.

            6:THE COMMANDANT
             43RD ASSAM RIFLES
             C/O- 99 APO
             PIN- 932043

Advocate for the Petitioner   : MR V KUMAR

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


                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                           ORDER

Date : 06.11.2023

Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Ms. R. Devi, learned Page No.# 3/3

counsel for the respondents.

This writ petition has been filed by the petitioner challenging the impugned order dated 06.09.2021 and 08.11.2021 by which the respondents authorities took a decision to cancel all retirement orders which was earlier issued on medical ground. It is submitted that pursuant to this policy decision, no further communication has been issued. If that be so, the petitioner is required to be reinstated back in service. This issue has been decided by Co-ordinate Bench of this Court in W.P.(C) No. 1421/2017 and other connected writ petitions by Judgment and order dated 12.02.2021 by which order the termination order was interfered with and set aside. An intra-Court appeal filed against the said Judgment and order has also been dismissed. The SLP preferred by the Union has also been dismissed.

It is submitted by the learned counsel for the petitioner that this issue arises in the present writ petition is squarely covered by the said Judgment and order dated 12.02.2021 passed in W.P.(C) No. 1421/2017 and other connected writ petitions. He therefore submits that the prayers made in the writ petition be allowed.

Ms. R. Devi, learned counsel submits that she does not have instructions and prays for time to obtain the required instructions.

Accordingly, let Notice be issued, Returnable in four weeks.

Since the learned counsel has entered appearance, notices are waived. However, extra copies be furnished within three working days from today.

Meanwhile the respondents will obtain required instructions as to the grounds on which the petitioner has been directed to proceed on retirement.

List after four weeks.

JUDGE

Comparing Assistant