Gauhati High Court
No.G/94115K Ex Hav/Gd Rebadhar Joshi vs The Union Of India And 2 Ors on 5 August, 2024
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/5
GAHC010023212024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/594/2024
NO.G/94115K EX HAV/GD REBADHAR JOSHI
S/O- R.D JOSHI, VILLAGE- TAMLI, P.O. TAMLI TEHSIL, DIST.- CHAMPAWAT,
UTTARAKHAND, PIN- 262523
VERSUS
THE UNION OF INDIA AND 2 ORS
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW
DELHI- 110011
2:THE DIRECTOR GENERAL
ASSAM RIFLES DIRECTORATE GENERAL OF ASSAM RIFLES
MAHANIDESHALYA
ASSAM RIFLES
SHILLONG
PIN- 793011
3:THE COMMANDANT
9TH BN
ASSAM RIFLES
C/O 99 APO
PIN- 9320
Advocate for the Petitioner : MR. A R TAHBILDAR,
Advocate for the Respondent : DY.S.G.I.,
Linked Case : WP(C)/601/2024
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NO.G/94167A EX HAV/GD JAI SINGH
S/O- SRI FATHE SINGH
VILLAGE- KANDEY
P.O. ULANGRA
DIST.- CHAMOLI
UTTARAKHAND
VERSUS
THE UNION OF INDIA AND 2 ORS
REPRESENTED BY THE SECRETARY
MINISTRY OF HOME AFFAIRS
NEW DELHI- 110011
2:THE DIRECTOR GENERAL
DIRECTORATE GENERAL OF ASSAM RIFLES MAHANIDESHALYA
ASSAM RIFLES SHILLONG
PIN- 793011
3:THE COMMANDANT
9TH BN
ASSAM RIFLES
C/O 99 APO
PIN- 932018
------------
Advocate for : MR. A R TAHBILDAR
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 2 ORS
Linked Case : WP(C)/7592/2023
NO. G/94193F EX HAV/GD SOHAN SINGH
SS/O SHRI KARAN SINGH
VILL- BANGAON
P.O. SIMLI
DIST. CHAMOLI
UTTARAKHAND
VERSUS
THE UNION OF INDIA AND 2 ORS
REP. BY THE SECRETARY
MINISTRY OF HOME AFFAIRS
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NEW DELHI-110011
2:THE DIRECTOR GENERAL ASSAM RIFLES.
DIRECTORATE GENERAL OF ASSAM RIFLES
MAHANIDESHALYA
ASSAM RIFLES
SHILLONG
PIN-793011
3:THE COMMANDANT
9TH BN. ASSAM RIFLES
C/O 99 APO
PIN-932018
------------
Advocate for : MR. A R TAHBILDAR
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 2 ORS
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
05.08.2024
Heard Shri A.R. Tahbildar, learned counsel for the petitioner. Also heard
Shri H. Gupta, learned C.G.C.
On the last occasion, i.e., 30.07.2024, this Court had passed the following
order.
"Heard Shri AR Tahbildar, learned counsel for the petitioners.
Briefly stated, the petitioners being aggrieved by their premature
retirement w.e.f. 01.11.2008 had earlier approached this Court by filing
writ petitions. Initially, those writ petitions were disposed of by the
learned Single Judge wherein the illegality was noticed but observing that
in the meantime, the petitioners had completed of 30 years of qualifying
service, had closed the writ petition as infructuous. The petitioners
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thereafter had preferred writ appeals and vide judgments dated
18.01.2023 had allowed the writ appeals by directing calculation of the
pension and other post retirement benefits as on the corrected date of
superannuation.
The instant writ petitions have been instituted as from August, 2023, the
pension has been stopped. The representations of the petitioners to make
adjustment of their entitlements have not been paid any heed to. It
clearly appears that the impugned action of stopping pension from
August, 2023 is a vindictive measure taken as the petitioners have
approached this Court and their grievances were redressed.
Without making further observations on this issue, this Court grants time
till 05.08.2024 to Shri H Gupta and Shri K Gogoi, learned CGC to obtain
instructions regarding the steps taken for adjustment and final order(s)
passed in this regard.
It is made clear that further delay in this matter would entail passing of
order(s), including orders of personal appearance to explain the conduct
of the respondents."
Shri Gupta, the learned counsel has placed before this Court a
communication addressed to him dated 05.08.2024 along with a Note dated
04.08.2024. It appears that an exercise for adjustment is still going on. This
Court however fails to understand as to what is the acceptable reason for
stopping the pension as a whole.
It is therefore directed that while the time sought for of 4 (four) weeks is
granted to make necessary calculation, the pension at the minimum rate should
be immediately paid to the petitioner and the arrears be paid after the
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adjustment said to be done within a period of 4 (four) weeks. Such release is to
be made within a period of 15 days from today.
This Court has been constrained to make this direction as the matter
relates to the earlier proceedings including the order passed by the Hon'ble
Division Bench on 18.01.2023 and more than 1 ½ years have passed.
List these matters on 22.08.2024.
JUDGE
Comparing Assistant
