UNION OF INDIA Vs. CHANDRIKA THAKUR
LAWS(MEGH)-2021-4-1
HIGH COURT OF MEGHALAYA
Decided on April 01,2021

UNION OF INDIA Appellant
VERSUS
Chandrika Thakur Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) This appeal has been preferred by the Union of India and four others (all officers of Assam Rifles), against the judgment and order dated 23rd January, 2018, passed by a learned Single Judge in WP (C) No.106 of 2017 (Shri Chandrika Thakur v. Union of India & ors).
(2.) By the impugned judgment and order, the learned Single Judge was pleased to allow the writ petition with a direction upon the concerned respondent authorities to the effect that the writ petitioner's promotion be considered w.e.f. 2006 and to give him all benefits he is entitled as per rule w.e.f. 2006, including further promotion, if any.
(3.) According to the appellants, the applicable rules, namely, 'The Assam Rifles Subedar Major Store Keeper Technical (Engineers), Group 'B' (Combatised) Recruitment Rules, 2015', came into effect on and from 5th December, 2015. As such, the appellants submit that the learned Single Judge could not have issued a direction upon the respondent authorities (being the appellants herein), to give the respondent/writ petitioner promotion including all benefits he is entitled as per rules w.e.f. the year 2006, when, in fact, the relevant rule came into effect on and from 5th December, 2015.;


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