Page No.# 1/4 GAHC040000852023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/19/2023 Byabang Tatung @ Dui and 2 Ors. S/o Late Byabang Lilong, Permanent Resident of Dangdung Village, PO and PS Palin, District Kra Daadi, Arunachal Pradesh. 2: Takam Tajik Age: Occupation : S/o Takam Kale Permanent Resident of Tassar Village PO and PS Palin District Kra Daadi Arunachal Pradesh. 3: Takam Choring Age: Occupation : S/o Late Takam Mangha Permanent Resident of Tabiam Village PO and PS Palin District Kra Daadi Arunachal Pradesh VERSUS THE STATE OF AP and 2 Ors. Represented through the Chief Secretary, Govt. of Arunachal Pradesh, Civil Secretariat, Arunachal Pradesh. 2:The Deputy Commissioner Age: 0 Page No.# 2/4 Occupation : Kra Daadi District Palin Arunachal Pradesh PO Palin. 3:Rido Tarak Age: 0 Occupation : Extra Assistant Commissioner (EAC) for Deputy Commissioner Kra Daadi District PO Palin Arunachal Pradesh Advocate for the Petitioner : T Torum, N Tate,T Nech,A Bodo Advocate for the Respondent : GA (AP), B E F O R E HON’BLE MR. JUSTICE NELSON SAILO 03.03.2025 Heard Mr. T Torum, learned counsel for the petitioners and also Mr. S Tapin, learned Senior Government Advocate for the respondents. Having regard to the nature of the projection made by the petitioners, this case is taken up for disposal at this stage. [2.] It is the case of the petitioners that they have been engaged as Auxiliary Labour Corps (ALC) under the establishment of Deputy Commissioner, Kra Daadi District, Palin and they having serving a such ever since their appointment. However, the Deputy Commissioner concerned has released them from service with effect from 30.04.2022 (AM) since they have crossed the age limit of 45 Page No.# 3/4 years as per their service record. The learned counsel for the petitioners submit that grave injustice have been caused to the petitioners since other similarly situated persons have been allowed to serve up to the age of 60 years and beyond in some cases. He therefore submits that the impugned order releasing them from service should be set aside. [3.] The learned counsel further submits that the State Government has adopted FR-56(a)(b) vide Notification dated 20.10.2017 which provides that a workman who is governed by these rules shall retire from service in the afternoon of the last day of the month in which he attains the age of 60 years. It is therefore clear that the petitioners ought to have been allowed to work in terms of the said notification up to the age of 60 years. The learned counsel further submits that the petitioners have also enquired from the respondent authorities concerned as to whether there are separate service rules or guidelines for ALCs in the State of Arunachal Pradesh but they have been informed that there are no separate guidelines. The learned counsel submits that lately the State Government in the District Administration Department has come up with an O.M dated 20.01.2025 which provides that all ALC appointed by the Government shall be released on the attaining the age of 60 years as was notified earlier vide Memo No. AR-68/2010 dated 28.10.2017. However, the Page No.# 4/4 said notification has been made effective w.e.f. 01.01.2024. The learned counsel submits that the effective date cannot debar the petitioners from claiming similar benefits since it is clear from the notification that FR 56(a)(b) had already been adopted vide Notification dated 20.10.2017 which is referred to in the said O.M dated 20.01.2025. [4.] Considering the above position, the instant writ petition is disposed of with a direction to the petitioners to file a concise representation before the Deputy Commissioner, Kra Daadi District (respondent No. 2), within a period of 15 days from today and the Deputy Commissioner upon receipt of the same shall within a period of 3 weeks consider and disposed of the same by way of a Speaking Order. It is also made clear that the Deputy Commissioner shall take into account not only O.M dated 20.012025 issued by the District Administration Department, Govt. of Arunachal Pradesh vide Memo No. DA-13/6/2023-DA-Br.- DA (E-122438) but also vide Notification dated 20.10.2017 issued by the Department of Administrative Reforms, Government of Arunachal Pradesh vide Memo No. AR-68/2010. The order to be passed shall be communicated to the petitioners. JUDGE Comparing Assistant