Page No.# 1/6 GAHC010284142023 2025:GAU-AS:10775 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7384/2023 SARBANANDA MALI S/O SARADA KANTA MALI, R/O WARD NO. 5, BILASIPARA, P.O. AND P.S.- BILASIPARA, DIST-DHUBRI, ASSAM, PIN-783301 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY ADDITIONAL CHIEF SECRETARY OF HOME DEPARTMENT TO GOVERNMENT OF ASSAM, ASSAM SECRETARIAT, DISPUR, PIN-781006 2:THE DIRECTOR OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS BELTOLA GUWAHATI-781028 3:DEPUTY DIRECTOR OF HOME GUARDS OFFICE OF DIRECTOR OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS BELTOLA GUWAHATI-781028 4:SENIOR STAFF OFFICER OFFICE OF DIRECTOR OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS BELTOLA GUWAHATI-78102 Advocate for the Petitioner : MR H K MAHANTA, MS E B GOGOI,MR. R D BHUYAN Advocate for the Respondent : GA, ASSAM, Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 13.08.2025 Heard Mr. H. K. Mahanta, learned counsel, appearing for the writ petitioner. Also heard Mr. D. Bora, learned Government Counsel, appearing for the State respondent. 2. By way of this writ petitioner under Article 226 of the Constitution of India, the petitioner is seeking direction for promoting the petitioner notionally to the post of Platoon Commander w.e.f., 31.12.2009 and to the post of Subedar w.e.f., 05.06.2018, and to pay the balance amount of full salaries from 02.06.2006 to 06.11.2007. 3. It is submitted at the bar that the aforesaid prayers of the writ petitioner have already been met with. 4. Apt in this regard to reproduce the orders dated 11.03.2024, 12.03.2024 and 18.05.2024. “GOVERNMENT OF ASSAM OFFICE OF THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS, BELTOLA, GUWAHATI-28 No.CG.434/FB/2024/117, Dated Beltola the 11th March/2024. O R D E R Perused the observation of the Committee constituted vide this Directorate order No. CG. 414/7/2024/76 Dated 29/01/2024. Also perused the Directorate onder Vide No. CG 44/2006/PT/51 Page No.# 3/6 Dated 15/10/2007 passed by the then Dy. DCD & DY, CGHG, Assam where it was stated that the charges framed against Shri Sarthenanda Mali the then Havildar of District Home Guards, Dhubri (Now Retd. Subedar, ASRF Bn-II, Karagaon, Karbi-Anglong) vide this Directorate 1st Show Cause Notice No. CG.44/FB/2006/PT/6 dated 19/04/2007 were not proved and the final order of the said DP was not issued due to pending of a criminal case No. 28 of 2012 against the delinquent along with pending the treatment of suspension period. Further, perused the order dated 19/09/2017 passed by the Hon'ble Gauhati High Court in the criminal case No. Crl.Pet.82/2017 where it is stated that "the entire proceeding pertaining to the Special Case No. 28 of 2012 pending in the court of special judge, Assam, Guwahati stands quashed and set aside. All the petitions stand disposed of accordingly". Again, further perused the order dated 29/11/2018 passed by the Hon'ble Gauhati High Court in WP (C) No. 1177/2014 where it is stated that ‘the respondent authorities are directed to consider the case of the petitioner for promotion to the higher post of Platoon Commander and Subedar from which he has been deprived of. Such exercise may be undertaken in the next DPC, which may be constituted within a period of 02 (two) months from the date of receipt of a certified copy of this order. It is further directed that the promotional exercise as directed above may be undertaken and completed within a period of 02 (two) months from today. The respondent authorities would also consider the aspect of giving notional benefit of such promotion that may be granted to the petitioner from the date when his juniors were promoted’. As such, the delinquent Havildar (Now Retd. Subedar, ASRF Bn-II, Karagaon, Karbi-Anglong) has been ex post facto exonerated from the charges framed against him. The suspension period w.e.f. 02/06/2006 to 06/11/2007 is treated as on duty for the purpose of pension and gratuity. He will be entitled to the due financial benefit for the above suspension period. The above final order of the DP has been ex post facto disposed with the above order. Director General, CD & Page No.# 4/6 Commandant General, HGs, Assam “GOVERNMENT OF ASSAM OFFICE OF THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS, BELTOLA, GUWAHATI-28 No.CG.434/FB/2024/118, Dated Beltola the 12th March/2024. O R D E R Reference this office order No.CG.434/FB/2024/117 dated 11/03/2024. Perused the observation of the committee constituted vide Order No. CG. 434/FB/2024/76 Dated 29/01/2024. Also, perused the neder dated 29/11/2018 passed by the Hon'ble Gauhati High Court in WP (C) No.1177/2014 where it is stated that "the respondent authorities are directed to consider the case of the petitioner for promotion to the higher pong of Platoon Commander and Subedar from which he has been deprived of. Such exercise may be undertaken in the next DP'C, which may be constituted within a period of 02 (two) months from the date of receipt of a certified copy of this order. It is further directed that the promotional exercise as directed above may be undertaken and completed within a period of 02 (two) months from today. The respondent authorities would also consider the aspect of giving notional benefit of such promotion that may be granted to the petitioner from the date when his juniors were promoted". As such, the promotion of Sarbananda Mali the then Havildar of District Home Guards. Dhubri (Now Retd. Subedar, ASRF BALII, Karagaon, Karbi-Anglong) to the rank of Platoon Commander vide order No. CG. 58/FB/2005-18/PT-1/103 Dated 15/09/2018 and to the rank of Subedar Vide order No. CG.129/FB/2004-17/PT- 1/181 dated 26/09/2019 is allowed to effect notionally as per the next below rule with retrospective effect from 31/12/2009 as Platoon Commander and from 05/06/2019 as Subedar. The petition dated 12/10/2017 filed by Shri Sarbananda Mali the then Havildar of District Home Guards, (Now Retd. Subedar, ASRF BN-II, Karagaon, Karbi-Anglong) is disposed of with the above order. Director General, CD Page No.# 5/6 & Commandant General, HGs, Assam GOVERNMENT OF ASSAM OFFICE OF THE COMMANDANT ASSAM SPECIAL RESERVE FORCE BN.II KARAGAON:KARBI-ANGLONG:ASSAM: No.ASRF Bn-II/R/PF-Sub/2019-24/108/1173 Date 18/5/24 O R D E R In pursuance of the order of the DGCD&CGHG,Assam, Beltola, Guwahati-28 communicate vide letter No.CG.434/FB/2024/118/22446 dtd 12-03-2024, and on the light of the orders/24 passed by the Hon'ble Guahati High Court, Guwahati in respect of the then Havildar Sarbananda Mali in WP (c) No.1177/2014, the following benefits will be considered to the then Havildar Sarbananda Mali (now retired Subedar) with retrospective effect and allowed to draw as per norms of the Govt. Rule:- 1. The then Hav. Sarbananda Mali was promoted to the rank of P.C vide order No.CG.58/FB/2005-18/Pt-1/103 dtd. 15-09-2018 is allowed to draw Notional benefit w.e.. the date of his juniors were promoted with retrospective effect from 31-12-2009 as Platoon Commander. 2. The then Hav. Sarbananda Mali (now retired Subedar) was promoted to the rank of Subedar vide order No.CG.129/FB/2004- 17/Pt-I/181 dtd.26-06-2019 is allowed to effect Notionally as per rule with retrospective effect from 05-06-2019 as Subedar. The then Hav. Sarbananda Mali (now retired Subedar) is allowed to draw arrear if any as per Govt. Rule Commandant ASRF Bn.II, Karagaon Karbi-Anglong, Assam” 5. Reading the aforesaid orders vis a vis the endorsement made by the learned counsels appearing for the parties, nothing survives for Page No.# 6/6 adjudication in the instant writ petition. Accordingly, the writ petition stands dismissed on being infructuous. JUDGE Comparing Assistant