UTTAM CHAND Vs. UNION OF INDIA AND ORS.
LAWS(MEGH)-2013-11-18
HIGH COURT OF MEGHALAYA
Decided on November 13,2013

UTTAM CHAND Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

- (1.) Heard Mr. R Jha, learned counsel appearing for the petitioner and Mr. SC Shyam, learned senior counsel for the respondents.
(2.) By this writ petition, the petitioner is assailing the impugned order dated 17.12.2008 passed by the respondent No.2 that the petitioner shall retire from service after expiry of three months from the date of service of notice to him. For easy reference, the impugned order dated 17.12.2013 (Annexure-I to the writ petition) is quoted hereunder:- "MAHANIDESHALAYA ASSAM RIFLES DIRECTORATE GEERAL ASSAM RIFLES: SHILLONG-11 REC(Adm-III)/Review/159 Dated 17 Dec.2008. WHEREAS the Director General Assam Rifles is of the opinion that In compliance of proceedings of the Review Committee for grant of extension of service beyond 30 yrs of service or 55 yrs of age whichever is earlier, the competent authority hereby gives notice to No.JC-192277L Sub/GD Uttam Chand of 19 Assam Rifles to retire from service from the date following the date of expiry of three months from the date of service of this notice to him. Sd/- (Onkar Chand) Maj SO-2 (Docu & Coord) for DGAR"
(3.) The petitioner was enrolled as a recruit General Duty in Assam Rifles on 09.02.1978 and after completion of training at Assam Rifles Training Centre, he was posted to 19th Assam Rifles as his parent unit. On 25.08.1985, the petitioner was promoted to the post of Lance Naik/G.D. on the basis of good performance in sports and thereafter, he was promoted to the post of Naik/G.D. on 01.10.1985. In the month of September, 1991 the petitioner was promoted to Havildar/G.D. In the year 1996-97, the Chief of Army Staff awarded a certificate of commendations to the petitioner for his dedicated service and directed the said certificate to be incorporated in the service records of the petitioner. On 01.03.1999, the petitioner was promoted to the post of Naib Subedar/G.D and on 15.06.2004, the petitioner was promoted to the post of Subedar/G.D.;


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