Disposed of an interlocutory application seeking salary payment for a petitioner whose discharge order was stayed by an interim order. Directed authorities to release salary within one month.
Direction to release current and arrear salary within one month after verification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010070052019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1408/2019
1:PREM KUMAR
S/O RAMI RAM, VILL-PACHPAKRIYA, P.O.-CHANDANI, DIST-CHAMPWATI, STATE-UTTARAKHAND, PRESENTLY SERVING AS A RIFLEMAN/GD (GENERAL DUTY) IN THE 11 ASSAM RIFLES C/O 99 APO
VERSUS
1:THE UNION OF INDIA AND 2 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI- 110001
2:THE DIRECTOR GENRAL OF ASSAM RIFLES SHILLONG MEGHALAYA.
3:THE COMMANDANT 11TH ASSAM RIFLES C/O 99 APO PIN-93201
Advocate for the Petitioner : MS. S BORA
Advocate for the Respondent : ASSTT.S.G.I.
Linked Case : WP(C) 4497/2018
1:PREM KUMAR S/O. RAMI RAM VILL. PACHPAKARIYA P.O. CHANDANI DIST. CHAMPWATI STATE- UTTRAKHAND. PRESENTLY SERVICE AS A RIFLEMAN/ GD (GENERAL DUTY) IN THE 11 ASSAM RIFLES
Page No.# 2/3
C/O. 99 APO.
VERSUS 1:THE UNION OF INDIA AND 2 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK NEW DELHI- 110001
2:THE DIRECTOR GENRAL OF ASSAM RIFLES SHILLONG MEGHALAYA. 3:THE COMMANDANT 11TH ASSAM RIFLES C/O. 99 A.P.O. 932011.
Advocate for the Petitioner : MS. S BORA Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 03-05-2019
Though no one is present for the applicant and Ms. P. Newme, learned counsel for the Union respondents has also prayed for time to file objection, considering the nature of the case, this Court is of the view that the present application can be disposed of at this stage.
The applicant/writ petitioner had filed WP(C) 4497/2018 challenging the discharge/release order dated 26.04.2018 and subsequent order dated 30.04.2018 by which the petitioner was directed to submit necessary documents upon being discharged from service.
This Court by an interim order passed on 27.07.2018 suspended the aforesaid discharge order dated 26.04.2018 as well as the subsequent order dated 30.04.2018.
Page No.# 3/3
If that is so, the petitioner normally would have been allowed to serve.
Accordingly, the present Interlocutory Application is disposed of with the direction to the respondent authorities to release the current as well as arrear salary to the applicant/writ petitioner for the service rendered by the him after the aforesaid discharge orders have been stayed after making necessary verification which exercise shall be undertaken by the authorities within a period of one month from the date of receipt of a certified copy of this order.
JUDGE
Comparing Assistant
Prem Kumar
The Union of India
The Director General of Assam Rifles
The Commandant 11th Assam Rifles
N. Kotiswar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
