Dismissed

Satnam Singh v. the Union of India and 5 Ors.

Gauhati HC2 Sept 2022WA/201/2022

Case brief

AI extract

What is this about?

An intra-court appeal challenging a rejection of a writ petition seeking medical accommodation and transfer for an appellant teacher suffering from acute heart disease. The appeal was disposed of as not pressed, with a direction to consider the appellant's humanitarian plea.

What did the court decide?

The respondents are directed to consider the appellant's case on humanitarian grounds.

Satnam Singh Vs the Union of India and 5 Ors. — Service and Employment | Gauhati HC (2022)

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GAHC010109962022

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

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Case No. : WA/201/2022

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SATNAM SINGH

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SON OF JAGIR SINGH, PERMANENT RESIDENT OF HOUSE NO. 755, DHIRENPARA, ITABHATA, POST- FATASIL AMBARI, GUWAHATI- 781025, KAMRUP(M), ASSAM, WORKING AT 17 ASSAM RIFLES, SENIOR TEACHER, LOKRA, SONITPUR, PIN- 784102, ASSAM.

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VERSUS

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THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-01

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2:THE DIRECTOR GENERAL OF ASSAM RIFLES

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SHILLONG MEGHALAYA PIN- 783010.

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3:THE COLONEL RECORDS DIRECTORATE OF ASSAM RIFLES RECORD BRANCH SHILLONG MEGHALAYA- 793010.

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4:COMMANDANT 17TH ASSAM RIFLES C/O 99 APO LOKRA SONITPUR ASSAM PIN- 784102.

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5:MAJOR SO-2(ADM) FOR COL (RECORDS) MAHANIDESHALAYA ASSAM RIFLES DIRECTORATE GENERAL ASSAM RIFLES RECORD BRANCH (ADM-IV CIV) SHILLONG- 793011.

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6:MAJOR ADJUTANT A BRANCH 17TH ASSAM RIFLES P.O.- LOKRA SONITPUR ASSAM- 784102

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Advocate for the Petitioner : MR D K DAS

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

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BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 02.09.2022 (R.M. Chhaya, CJ.)

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Heard Mr. H. Betala, learned counsel for the appellant. Also heard Ms. R. Devi, learned Central Government Counsel for the respondents.

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By way of this intra-Court appeal, the appellant/original petitioner has challenged the legality and validity of the order dated 31.05.2022 passed by the learned Single Judge in WP(C) No. 3614/2022, whereby the learned Single Judge was pleased to reject the petition.

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Suffice it to note that the appellant is working as a Senior Teacher in a school run by Assam Rifles and at present he is posted at Lokra, Sonitpur. In the writ petition, it was contended by the appellant that as he is suffering from acute heart disease

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since 2007 and as medical treatment is not available in the Regional Institute of Medical Science & Hospital (RIMS), Imphal, the appellant may be allowed to continue at Lokra, Sonitpur or he may be transferred to a place near Guwahati. The writ petition as such was directed against the order of dismissal passed by the Central Administrative Tribunal, Guwahati.

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In response to the notice issued by this Court, the respondents have filed their affidavit-in-opposition. The appellant has also filed his affidavit-in-reply. After arguing for some time, Mr. H. Betala, learned counsel for the appellant does not press this appeal.

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The writ appeal is disposed of as not pressed.

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However, in the peculiar facts and circumstances of the case, the respondents are directed to consider the case of the appellant on humanitarian ground. It is, however, clarified that this Court has not expressed any opinion on merits of the case.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Satnam Singh v. the Union of India and 5 Ors.

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Satnam Singh v. the Union of India and 5 Ors.

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