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2025 DAILYLAW 22296 (GAU)

THE UNION OF INDIA AND ORS v. HEAD CONSTABLE GENERAL DUTY MADHAB NAMASUDRA

I.A.(Civil)/3996/2024 · 2025-03-09

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010276062024 2025:GAU-AS:2510 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3996/2024 In W.A. No.13565/2024 (Filing Number) 1: THE UNION OF INDIA AND ORS REP BY THE SECRETARY MINISTRY OF HOME AFFAIRS New Delhi 2: THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE CENTRAL GOVT. OFFICE COMPLEX NEW DELHI. 3: THE DEPUTY INSPECTOR GENERAL OF POLICE PERS-II DIRECTORATE GENERAL CENTRAL RESERVE POLICE FORCE CGO COMPLEX NEW DELHI. 4: THE INSPECTOR GENERAL OF POLICE NORTH EAST SECTOR CRPF SHILLONG MEGHALAYA. 5: THE DEPUTY INSPECTOR OF GENERAL OF POLICE GROUP CENTER CENTRAL RESERVE POLICE FORCE KHATKHATI KARBIANNGLONG ASSAM VERSUS HEAD CONSTABLE GENERAL DUTY MADHAB NAMASUDRA S/O LT. DHANIRAM NAMASUDRA, R/O VILL- SAURAMURI, KAMRUP, ASSAM. SERVICE DETAILS OF PETITIONER FORCE NO. 891151947, CENTRAL RESERVE POLICE FORCE, PRESENTLY POSTED IN OFFICE OF DIGP GC, CRPF KHATKHATI ASSAM PIN 782480 For the Applicant(s) : Mr. S.K. Medhi, Advocate. For the Respondent(s) : Mr. R. Mazumdar, Advocate for the sole respondent. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KAUSHIK GOSWAMI 10.03.2025 (Vijay Bishnoi, CJ) The matter comes upon for consideration of the interlocutory Page No.# 2/3 application filed under Section 5 of the Limitation Act, 1963 with a prayer to condone the delay of 443 days in filing the connected appeal. The connected writ appeal is preferred by the appellants being aggrieved with the judgment & order dated 27.07.2023 passed by the learned Single Judge in WP(C) No.6896/2010, whereby the learned Single Judge has remanded the matter to the applicants to consider the case of the writ petitioner, who is non-applicant in this interlocutory application, afresh for promoting him from the rank of HC/GD to a higher rank against 10% unqualified quota. The learned Single Judge has granted 3(three) weeks’ time to the applicants to complete the said exercise from the date of receipt of a certified copy of the said order. It appears that pursuant to the direction given by the learned Single Judge, the applicants have considered the case of the writ petitioner/non- applicant herein and has rejected his claim vide order dated 19.08.2024. We are of the view that when the direction given by the learned Single Judge had already been acted upon and the applicants, on remand, has again considered the case of the writ petitioner/non-applicant herein for promotion from the rank of HC/GD to a higher rank against 10% unqualified quota, there is no point in challenging the impugned order passed by the learned Single Judge by way of a writ appeal. In such circumstances, we do not find any cause for condoning the delay in filing the connected writ appeal. The interlocutory application is, therefore, dismissed. Resultantly, the connected writ appeal, which is yet to be registered, also stands dismissed. The Registry is directed to register the connected writ appeal Page No.# 3/3 immediately and treat it as dismissed. JUDGE CHIEF JUSTICE Comparing Assistant