Gauhati High Court
Ashutosh Pal vs The Union Of India And 4 Ors on 5 June, 2025
Author: Suman Shyam
Bench: Suman Shyam
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GAHC010094002018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2883/2018
ASHUTOSH PAL
S/O SHRI DEENANATH PAL, POSTED AS CAPFS, COMPOSITE HOSPITAL
BORDER SECURITY FORCE, PATGAON, P.O. AZARA, DIST. KAMRUP,
ASSAM, PIN 781017
VERSUS
THE UNION OF INDIA AND 4 ORS.
MINISTRY OF HOME AFFAIRS, NEW DELHI
2:THE BORDER SECURITY FORCE
(FORMED UNDER THE BSF ACT 1968) FORCE HEAD QUARTER
LODHI ROAD
NEW DELHI-3
REPRESENTED BY THE DIRECTOR GENERAL
3:THE COMMANDANT (MEDICAL DIRECTORATE)
EAST
BLOCK-9
LEVEL-4
R.K. PURAM
SECTOR-1
NEW DELHI 110066
4:THE INSPECTOR GENERAL (MEDICAL)
BORDER SECURITY FORCE
NEW DELHI.
5:THE DIG (MEDICAL)
CAPFS
COMPOSITE HOSPITAL
BSF PATGAON
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P.O. AZARA
DIST. KAMRUP
ASSAM
PIN 78101
Advocate for the Petitioner : MR. S K MEDHI, MR H SARMA,MR. A DAS,MR. S DUTTA,MR.
S G BHATTACHARJEE
Advocate for the Respondent : ASSTT.S.G.I., MR H GUPTA (R1 TO 5),MR H GUPTA (R1 TO 5)
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
05.06.2025 Ms. P. D. Gupta, learned counsel is present for the petitioner. Mr. H. Gupta, learned Central Govt. Counsel has appeared for the respondents. The writ petitioner herein, while serving as an ASI Physiotherapy in the BSF, had approached this Court by filing this writ petition inter-alia praying for a writ of mandamus directing the respondents to give him the benefit of 6 th Central Pay Commission applicable to the post of S.I., Physiotherapist in the BSF establishment by upgrading his pay-scale. In other words, the basic relief sought by the petitioner was to give him the benefit of pay scale applicable to the post of S.I. Physiotherapist.
Today when the matter is called up, Mr. Gupta, learned CGC has produced a copy of the notification dated 03.09.2024 issued by the competent authority in the BSF to submit that during the pendency of this writ petition the petitioner has already been promoted to the post of SI Physiotherapist and the post of ASI Physiotherapist has since been abolished in the organisation. In view of the above, Mr. Gupta submits that the grievance of the petitioner has already been Page No.# 3/3 redressed.
Ms. P.D. Gupta, learned counsel for the petitioner has also fairly agreed to the said submission.
In view of the above, by granting liberty to the petitioner to approach this Court once again agitating his grievance, if any, arising in the matter of implementation of the pay scale for the post of SI Physiotherapist, this writ petition stands closed.
JUDGE Comparing Assistant