WP(C) 4949/2012. Gauhati High Court
| Case Number | WP(C) 4949/2012 |
| Judgement Date | July 14, 2016 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
( THE HI GH COURT OF ASSAM; NAGALAND; MI ZORAM & ARUNACHAL PRADESH)
WP( C) 4949/ 2012
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Sri Suren Talukdar (I I )
S/ o. Late Lankeswar Talukdar, R/ O-House No. 130, Batahghuli,
I n front of Guwahati Public School, P.S. Satgaon, Guwahati-37 District - Kamrup.
-versus-
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The State of Assam, notice through the Secretary to the Government of Assam, Home (A) Department, Dispur.
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Director General Police, Assam
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Director General of Police (Border), Assam, Srimantapur, Guwahati.
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Superintendent of Police Border, Assam, Srimantapur, Guwahati.
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Sr. Superintendent of Police (B), City, Guwahati.
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Secretary to the Government of Assam, Finance Department, Dispur.
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The Secretary to the Government of Assam, Pension and Public Grievance Department, Dispur.
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Superintendent of Police (B), Morigaon, Assam.
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Accountant General of Assam.
.... RESPONDENTS
.... PETI TI ONER
BEFORE
HON’BLE MR. JUSTI CE MANOJI T BHUYAN
Advocates for petitioner :: Mr. D. Choudhury
Ms. A.K. Choudhury
Mr. M. Choudhury
Ms. C. Baishya
Mr. T. Ali
Advocate for the Respondents:: Mr. B.J. Talukdar
Date of hearing :: 14.07.2016
Date of delivery of Judgment :: 14.07.2016
JUDGMENT & ORDER ( ORAL)
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The petitioner who is an ex-serviceman was appointed as a Sub-I nspector on 21.12.1993 in terms of the Scheme formulated by the Government of I ndia called the Prevention of I nfiltration of Foreigners Additional Scheme dated
03.06.1987. The said Scheme was brought about for strengthening the Assam Government machinery towards detection and deportation of foreigners. Such appointment of the petitioner was made through a Selection Board and to a post which had been duly sanctioned under the aforesaid PI F Additional Scheme dated 03.06.1987. On attaining the age of superannuation, the petitioner retired from the said civil employment on and from 31.12.2014.
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The instant writ petition is instituted seeking a direction to the respondents for regularising the break-in-service of the petitioner for the period from 21.12.1998 to 07.02.1999 with consequential benefits in respect of the arrear salary for the said period and with all his pensionary benefits together with
benefits of leave encashment that stands to his credit to a maximum of 300 days.
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For the purpose of adjudication, the issue with regard to regularisation of the break-in-service for the period from 21.12.1998 to 07.02.1999 is taken-up first and if the said issue stands decided in favour of the petitioner, the other two issues would not be required to be gone into in details.
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The status of an ex-serviceman employed under the aforesaid PI F Additional Scheme had received consideration of this Court in Civil Rule No. 2065 of 1995 and Civil Rule No. 1698/ 1995 and eventually by the Apex Court in the case of Md. Abdul Kadir and Another v. Director General of Police, Assam , reported in (2009) 6 SCC 611. One of the issues that was considered by the Apex Court is in respect of the Circular dated 17.03.1995...
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