WA 43(SH)/2010 - Gauhati High Court
WA 43(SH)/2010 - Gauhati High Court
WA 43(SH)/2010 - Gauhati High Court
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2<br />
JUDGMENT & ORDER<br />
This appeal is directed against the judgment and order<br />
dated 29.7.<strong>2010</strong> passed by learned Single Judge in Writ<br />
Petition (C) No. 126(<strong>SH</strong>)/2007 filed by the appellant as<br />
petitioner before this <strong>Court</strong>.<br />
The appellant in the writ petition had prayed for<br />
following relief amongst others:-<br />
(i) a writ in the nature of certiorari and mendacious<br />
shall not be issued for calling the records pertaining to<br />
medical category and compulsory retirement of the<br />
petitioner and for setting aside and quashing the<br />
impugned Order dated Ist July, 2002 and 18 th November<br />
,2003.<br />
(ii) a writ in the nature of Mandamus shall not issued<br />
after quashing the impugned Order of dismissal,<br />
directing the respondents reinstate the petitioner in<br />
service with all consequential benefits including back<br />
wages.<br />
(iii) to direct the respondents to declare the petitioner in<br />
<strong>SH</strong>APE-I category and be considered for promotion as<br />
Deputy Commandant from the date of his batch mates<br />
had been promoted in the year 1998 with grant of all<br />
consequential benefits.<br />
2. Learned Single Judge dismissed the writ petition<br />
observing thus:-<br />
“for the forgoing reason and having considered the basis<br />
on which the decision was taken to prematurely retire the<br />
petitioner from service and the decision of the Supreme <strong>Court</strong>