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2026 DAILYLAW 3498 (GAU)

UNION OF INDIA AND ORS v. E/2201968 RFN/EBR JUNA SWARGIARY,

I.A.(Civil)/655/2026 · 2026-03-30

Nelson Sailo

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/8 GAHC010041002026 2026:GAU-AS:4601 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/655/2026 UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARYTO THE GOVERNMENT OF INDIAMINISTRY OF HOME AFFAIRSNORTH BLOCK NEW DELHI 110001 2: THE DIRECTOR GENERAL ASSAM RIFLES HEAD QUARTER MAHANIDESHALAYAASSAM RIFLES SHILLONGMEGHALAYA - PIN 973011 3: THE BRIGADIER (PERS) HEAD QUARTER MAHANIDESHALAYAASSAM RIFLES SHILLONGMEGHALAYA-11. 4: THE COMMANDANT 34TH ASSAM RIFLES C/O 99 APIN-932034. 5: THE COMMANDANT 42ND ASSAM RIFLES C/O 99 APIN -932042. VERSUS E/2201968 RFN/EBR JUNA SWARGIARY S/O TANU RAM SWARGIARYVILL. KHATPARAP.O.- BARGHULIDIST. - KAMRUP TAMULPURASSAMPIN-781354PRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 2:NO F3400583 RFN EBR CHOTE LAL S/O DILCHAND RAMPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 3:F/5011498 RFN/ EBR M MADHAPPAN S/O MUNI SMYPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APIN- 932034 4:NO F/5012065 RFN/EBR SATYA DEV Page No.# 2/8 S/O REVATI SINGHPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 5:NO F/5012602 RFN/EBR SHIVA SHANKAR YADAV S/O RAM ASHISH YADAVPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN- 932034. 6:NO F/5014290 RFN/EBR T KUMAR BAPURAO S/O BAPURAOTHORAVEPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 7:NO F/5020171 RFN/EBR S DINAKARAN S/O S SEKARPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN- 932034. 8:NO F/3400943 RFN/TLRAJAY KUMAR YADAV S/ORAMBHAL YADAVPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 9:NO F/5001110 RFN/TLR VIRENDRA SINGH S/O PRATAP SINGHPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 10:NO F/5012599 RFN/TLR PRADEEP KUMAR S/O JAWALA PRASADPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 11:NO F50 13024 RFN TLR TAHKAI WANGJWEN S/O BANWANGWANGJENPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034 12:NO F/5029862 RFN/TLR AVULA VINITH KUMAR S/O AVULA THIRUPAL PRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 13:NO F/5020173 RFN/SAFAI MANOJ KUMAR S/O RAMFERPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN- 932034. 14:NO F/5006791 RFN/SAFAI RAJESH GOWALA S/O LAXMAN GOWALAPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN- 932034. 15:NO F/5028566 RFN/SAFAI SAMADHAN RAMESH TABDE S/O RAMESH THABDEPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 16:NO F/5010288 RFN/SAFAI RAJENDRA SINGH Page No.# 3/8 S/O KEDAR SINGH RAUTELAPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 17:NO F/5006710 RFN/SAFAI CHANDRA BAHADUR CHHETRI S/O GANGA BAHADUR CHHETRIPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 18:NO F/5006681 RFN/SAFAI RAJU DOOM S/O CHANDESHWAR DOOMPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 19:NO F5024580 RFN SAFAI ATHOKPAM ROBINDRO SINGH S/O ATHOKPAMSHAMJAI SINGHPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 20:NO F/5011355 RFN/WM AJAY KUMAR S/O JAGARNATH CHOUDDHARYPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 21:NO F/5010323 RFN/WM PAWAN KUMAR S/O BIHARI LAL PRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 22:NO F/3400853 RFN/SAWYAR RAJENDRA RAM S/O BALBIR RAM KOHLIPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 23:NO F/3400846 RFN/SAWYAR SURENDER SINGH S/O RAM SINGH MPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 24:NO F/5014741 RFN/CARP MUNNA KUMAR S/O MADHUSUDAN SINGHPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034 25:NO F/5013675 RFN/CARP KUMAR RANA S/O DAHADUR SINGHPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 26:NO F/5016537 RFN/CARP DEBABRATA POREL S/O MANDCHANDRA PORELPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 27:NO F/5011283 RFN/PTRMD AMIRUL HOQUE S/O CHHAMT SKPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 28:NO F/5024557 RFN/BB RAUT VIKAS Page No.# 4/8 S/O ARUN RAUTPRESENTLY SERVING AT 34THASSAM RIFLES C/0 99 APOPIN-932034. 29:NO F/5023432 RFN/BB AJAY RAM S/O GANGA DAYAL RAMPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 30:NO F/5022763 RFN/BB MRINAL MONDAL S/O RAJ KUMAR MONDA PRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034 31:NO F/5024429 RFN/BB PRADEEP GOCHHAYAT S/O BAMA GOCHHAYATPRESENTLY SERVING AT 34THASSAM RIFLES C/O 99 APOPIN-932034. 32:F/5001493N RFN/ PAINTER GOVIND SINGH DHAMI S/O LATE MOHAN SINGH DHAMIPRESENTLY SERVING AT 41 ASSAMRIFLES C/O 99 APOPIN 932041. 33:F/ 3400844 RFN/ SAWYER VIJAY BORDOLOY S/O MANOHAR BORDOLOYPRESENTLY SERVING AT 34 ASSAMRIFLES C/O 99 APOPIN-932034. 34:NO F/5015279 RFN/CARP VIPIN KUMAR S/O RAMJI LALPRESENTLY SERVING AT 2ND ASSAMRIFLES C/O 99 APOPIN- 932002. 35:NO F/5001886 RFN/EBR AJIT KUMAR THAKUR S/O JANARDHAN THAKURPRESENTLY SERVING AT 14THASSAM RIFLESC/O 99 APPIN 932014 36:NO F/5008744 RFN/EBR ALTAF HUSSAIN S/O GHULAM HUSSAINPRESENTLY SERVING AT 14THASSAM RIFLESC/O 99 APIN 932014. 37:NO F/5007001 RFN/WM M PAULIAN KHUP S/O L GOUZA MUANPRESENTLY SERVING AT 14THASSAM RIFLESC/O 99 APIN 932014. 38:NO F/144573 RFN/WM BALWANT SINGH S/O JASWANT SINGHPRESENTLY SERVING AT 14THASSAM RIFLESC/O 99 A 39:NO F/144529 RFN/BB BHIM BAHADUR CHHETRI S/O MAN SINGH CHETTRIPRESENTLY SERVING AT 14THASSAM RIFLESC/O 99 APIN 932014. 40:NO F/ 124010 RFN/WM TAHIR HUSSAIN S/O LATE MD. KHALILPRESENTLY SERVING AT 12THASSAM RIFLESC/O 99 Page No.# 5/8 APIN-932012. 41:NO F/ 124045 RFN/WM MD GULAMPIR S/O LATE MD. KUDURUS MIYAPRESENTLY SERVING AT 12THASSAM RIFLESC/O 99 APIN-932012. 42:NO F/ 124104 RFN/WM MAYA PRASAD S/O LATE MANGRU PRASADPRESENTLY SERVING AT 12THASSAM RIFLE C/O 99 APIN-932012. 43:NO F/ 124551 RFN/WM NANDU BAHADUR DORJEE S/O LATE GANESH LAL DORJEEPRESENTLY SERVING AT 12THASSAM RIFLESC/O 99 AOPIN- 932012. 44:NO F/ 124655 RFN/WM BIREN BARDEWA S/O LATE DHAN BAHADUR BARDEWAPRESENTLY SERVING AT 12THASSAM RIFLESC/O 99 AOPIN-932012. 45:NO F 5012285 RFN WM SURYA KANTH M S/O VIKRAM MOREPRESENTLY SERVING AT 12THASSAM RIFLESC/O 99 APIN-932012. 46:NO F/ 5012896 RFN/WM KADAM BAHADUR THAPA S/O KARNA BAHADUR THAPA PRESENTLY SERVING AT 12THASSAM RIFLESC/O 99 APPIN- 932012. 47:NO F/ 5028745 RFN/WM CHAVAN SURAJ RAJENDRA S/O RAJENDRA HANMAT CHAVANPRESENTLY SERVING AT 12THASSAM RIFLESC/O 99 APIN-932012. 48:NOF/ 124171 RFN/ SAFAI JAIPAL SINGH S/O LATE RAM NATH SINGHPRESENTLY SERVING AT 12THASSAM RIFLESC/O 99 APIN- 932012. 49:F/144578X RFN/EBR ASIRE ASHOK DHONDU S/O DHONDU HARIAHIREPRESENTLY SERVING AT 14 ASSAMRIFLES C/O 99 APPIN-932014. 50:F/124573 RFN/EBR ISHER DASS S/O LATE RODHI RAM PRESENTLY SERVING AT 42NDASSAM RIFLES C/O 99 APOPIN - 932042. 51:5015397 RFN/EBR ASHA WANGSA S/O LATE ANYOM WANGSAPRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 52:5020499 RFN/ EBR AKHILESH KUMAR S/O HARINARAYAN SINGHPRESENTLY SERVING AT 42 ASSAMRIFLES C/O Page No.# 6/8 99 APO. 53:5021060 RFN/ EBR RFN/EBR DHIRENDRA SINGH S/O KAMAL SINGHPRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 54:5024969 RFN/EBR AMINUL ISHLAM S/O LATE ISTAJUL S.K.PRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 55:41002025 RFN/TAILOR JABAIDUR RAHMAN S/O LATE MAJIRUDDIN AHMED PRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 56:2501758 RFN/TAILOR RAVINDAR KUMAR S/O LATE SHIV PRASAD SINGHPRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 57:2302153 RFN/ TAILOR KB CHETTRI S/O L.B. CHETTRIPRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 58:2103443 RFN/TAILOR NS NOCTE S/O LATE NOKBANGSUYANGPRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 59:501106 RFN/ TAILOR DHANPAL SINGH RANA S/O LATE PREM SINGH RANAPRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 60:144525 RFN/BB G MONGWANG NOCTE S/O TEJANG M. NOPRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 61:5016286 RFN/BB MUNNA KUMAR S/O DINANATH SINGH PRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 62:5023433 RFN/WM RINKU YADAV S/O LATE KISHAN LAL PRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. 63:50137662 RFN/CARP BINOD BORALI S/O BBBORALIPRESENTLY SERVING AT 42 ASSAMRIFLES C/O 99 APO. ------------ Advocate for : MS. B SARMA Advocate for : MR V KUMAR appearing for E/2201968 RFN/EBR JUNA SWARGIARY Page No.# 7/8 BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 31.03.2026 Heard Ms. B. Sharma, learned CGC, appearing for the applicants, who submits that the connected writ petition being WP(C) No.3273/2024 was disposed of by this Court vide common order dated 01.04.2025 with a direction that the respondent authorities should complete the process of cadre review as expeditiously as possible and preferably within a period of six months from the date of receipt of a certified copy of the order. Learned CGC submits that despite the endeavour made by the respondents/applicants to complete the process within the time frame, they are unable to do so and it is for this reason that the instant application has been filed. In this connection, she refers to paragraph No.5 of the application, which is reproduced herein as under:- “5. That the applicants state that the authorities are doing their best to comply/implement the common order dated 1/4/25. However, as there is a large nos. of petitioners, the authorities have to verify the details of each of the petitioners. More so prior to compliance/implementation the approval from the Ministry is also required. The process for compliance/implementation of the common order dated 1/4/25 is under process. However the authorities requires further six (6) months time to complete the process. As such, the applicants file this instant application for extension of six months time to comply/implement the common order dated 1/4/25.” 2. Mr. V. Kumar, learned counsel for the respondents/ writ petitioners submits that sufficient time has been granted to them and in fact the six months period given was expired on 01.10.2025. He therefore, submits that if time is to be granted, same should be not more than two months. Page No.# 8/8 3. I have considered the submissions made by the learned counsel for the rival parties and also the materials available on record. 4. Ideally the applicants should have sought for extension of time before the expiry of the six months period granted to them instead of filing the application much later thereafter. It is however, seen that from the statements made in paragraph 5 of the application, as abstracted herein above, the entire exercise requires approval of the Ministry concerned and that the same also demonstrates that the case of the writ petitioners to have an opportunity for advancement in their career is under consideration by the applicants. 5. Such being the position, this Court is inclined to grant some more time to the applicants. Accordingly, the time for complying the common judgment and order dated 01.04.2025 stands extended for another period of 04(four) months from today. It is also made clear that no further extension of time will be granted. 6. With the above observations and direction, the application stands disposed of. JUDGE Comparing Assistant