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2025 DAILYLAW 400 (MEG)

SANTOSH KUMAR PATRO v. UNION OF INDIA AND 3 ORS

WP(C)/29/2025 · 2025-06-10

H S Thangkhiew

Writ Petition (Civil)body2025

Judgment text

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Serial No. 08 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 29 of 2025 Date of Decision: 10.06.2025 No. G/5002869 W EX RFN (GD) Santosh Kumar Patro …. Petitioner(s) Versus 1. The Union of India represented by The Secretary, Ministry of Home Affairs, Government of India, New Delhi. 2. The Directorate General Assam Rifles, Laitkor, Shillong-793010. 3. The Inspector General Assam Rifles (North) 4. The Commandant 23rd Assam Rifles … Respondent(s) Coram: Hon’ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner(s) : Mr. R. Jha, Adv. For the Respondent(s) : Dr. N. Mozika, DSGI with Ms. M. Myrchiang, Adv. 2025:MLHC:486 _________________________________________________________ i) Whether approved for reporting in Yes/No Law journals etc: ii) Whether approved for publication Yes/No in press: JUDGMENT AND ORDER (ORAL) 1. Dr. N. Mozika, learned DSGI assisted by Ms. M. Myrchiang, learned counsel for the respondents today has fairly submitted that it appears no communication was made to the writ petitioner about the setting aside of the Summary Assam Rifles Court proceedings, and the order dated 11.09.2024, reinstating the petitioner into service. As such, the petitioner was not aware about the orders dated 11.09.2024, as well as 17.10.2024, wherein he has been reinstated into service. 2. On this submission, Mr. R. Jha, learned counsel for the petitioner submits that the petitioner is ready to join back to his post, and that he be allowed all the consequential benefits, such as back wages from the date of his discharge i.e. 31.05.2023. 3. It is noted that on previous dates, the learned DSGI has produced a communication dated 09.05.2025, wherein it is indicated that the impugned order dated 31.05.2023, has since been set aside by an 2025:MLHC:486 order dated 11.09.2024, and also consequent thereto, the writ petitioner had been reinstated into service. It appears however, as submitted due to inadvertence or oversight the said order was never communicated to the writ petitioner, which caused him to approach this Court by way of the instant writ petition. 4. In the circumstances therefore, this writ petition is disposed of by directing the respondents to reinstate the writ petitioner into the Unit from where he was discharged, and also pay his back wages and other consequential benefits, from the date of the order dated 11.09.2024. As to the earlier period i.e. from 31.05.2023 to 10.09.2024, the respondents are to make a considered decision for grant of back wages, and while dealing with the matter, shall pass a speaking order thereon. The petitioner is also permitted to file a representation in this regard. 5. A copy of the communication dated 09.05.2025, is taken on board and made part of the record. 6. As ordered above, the writ petition accordingly stands closed and disposed of. JUDGE Meghalaya 10.06.2025 “V. Lyndem-PS” 2025:MLHC:486 Digitally signed by VALENTINO LYNDEM Date: 2025.06.10 05:16:57 IST