Gauhati High Court
3The Ndrf Assam Rifles C/O Apo vs The Union Of India And 4 Ors on 10 April, 2023
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010096662022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3405/2022
TENZING SHERPA
S/O. LT. PASSANG SHERPA, SERVING AS A HAVILDAR/GD IN THE 1ST
ASSAM RIFLES C/O. 99 APO, PIN-932001, PRESENTLY ON DEPUTATION AT
13THE NDRF ASSAM RIFLES C/O APO.
VERSUS
THE UNION OF INDIA AND 4 ORS
REP. BY THE SECRETARY, THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIR NEW DELHI-110001.
2:THE DIRECTOR GENERAL
ASSAM RIFLES
HEAD QUARTER DIRECTORATE GENERAL
ASSAM RIFLES SHILLONG-11.
3:THE COMMANDANT 1ST ASSAM RIFLES
C/O. 99 APO
PIN-932001.
4:THE COMMANDANT 13TH NATIONAL DISASTER RESPONSE FORCE
ASSAM RIFLES C/O. 99 APO.
5:G/01110880K WO/GD GOVERDHAN SINGH
C/O. COMMANDANT 1ST ASSAM RIFLES
C/O. 99 APO
PIN-932001
Advocate for the Petitioner : MS. S BORA
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Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 10-04-2023 Heard Ms. S. Bora, learned counsel for the writ petitioner. Also heard Mr. B.D. Deka, learned CGC appearing for the respondent who submits on instructions obtained as per order dated 08-02-2023 passed by this Court that adverse remarks in the ACR of the petitioner for the year 2018-19, had not been communicated to him. If that be so, the ACR for the year 2018-19 could not have been considered by the authorities for denying promotion/ ACP benefit to the petitioner.
The learned CGC also does not dispute the said position. However, the only issue that confronts this Court, at this stage, is as to whether the petitioner would be entitled to the benefit of promotion with retrospective effect as well as the ACP scheme.
Mr. Deka seeks time till 27-04-2023 to obtain further instruction and produce the records so as to address the aforesaid issue.
Prayer allowed.
Let this matter be listed again on 27-04-2023, as a fixed item.
JUDGE GS Page No.# 3/3 Comparing Assistant