Dilip Rudra Paul vs The Union Of India And 2 Ors
2023 Latest Caselaw 4512 Gua

                                                                Page No.# 1/3

GAHC010235552023




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

                                 Case No. : WP(C)/6336/2023

            DILIP RUDRA PAUL
            S/O- LATE DEBENDRA RUDRA PAUL,
            EX HAV(ORL) NO. S/355909,
            R/O- VILLAGE- JIADHARA, P.O.- KARNAMADHU,
            P.S.- KARIMGANJ, DISTRICT- KARIMGANJ,
            ASSAM, PIN- 788712.



            VERSUS

            THE UNION OF INDIA AND 2 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
            MINISTRY OF HOME AFFAIRS,
            NEW DELHI- 110001.

            2:THE DIRECTOR GENERAL
            ASSAM RIFLES
             DIRECTORATE GENERAL OF ASSAM RIFLES

            SHILLONG- 11.

            3:THE INSPECTOR GENERAL
             HEAD QUARTER
            ASSAM RIFLES (EAST)
             SRIKONA
             SILCHAR
            ASSAM

            PIN

Advocate for the Petitioner   : MR. R MAZUMDAR

Advocate for the Respondent : DY.S.G.I.
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                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                     ORDER

06.11.2023 Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC for the respondents.

This writ petition has been filed by the petitioner challenging the impugned order dated 08.11.2021 by which the respondent 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 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 relates in the 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. B. Sarma, learned CGC 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.

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Since the learned CGC had 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